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 BOUGHT WITH THE INCOME 
 FROM THE 
 
 SAGE ENDOWMENT FUND 
 
 THE GIFT OF 
 
 Henrg W, Sage 
 
 1891 
 
 h.X9r i-HrSr ■ % 3 J IE. 7 /f 
 
9H Soxt%i 4 ^mm 
 
 ITS 
 
 HISTORY, LAWS, ADMINISTRATION 
 
 AND ANCIENT CUSTOMS, 
 
 AND 
 
 THE WILD DEER WHICH LIVED IN IT. 
 
 BY 
 
 WILLIAM RICHiED FISHEE, 
 
 Oi? LINCOLN'S INN, BARRISTE^^T-LA W. 
 Author of "The Law of Mortgage and other Securities upon Property.' 
 
 BUTTERWORTHS, 7, FLEET STREET. 
 
 DUBLIN: HODGES, FIG&I8 & CO., GBAITON STREET. 
 
 CAXiCtTTTA : THACKEE, SPINK & CO. MELBOITENB : G. ROBERTSON & CO. 
 
 MANCttESTBR: MEREDITH, RAT & LTTTLBR. 
 
 EDmBUBGH: T. & T. OLAEK; BELL & BBADFUTE. 
 
 1887 
 
 \_AU Rights Reserved.'] 
 
LONDON : 
 PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C. 
 
PREFACE. 
 
 I^KlSn^ORIiftJJS, following the old chroniclers, or 
 -%^ one another, have dwelt much upon the cruelties 
 ^ practised under the Forest laws, but have told us 
 very little about the Royal Forests themselves or 
 their Purlieus; or of the manner in which the 
 laws were administered. 
 
 Of the Forest of Essex in particular we have little 
 or no information from the County historians, beyond 
 occasional notices of the holders of Forest offices, or of 
 the position of their estates within the bounds of the 
 Forest. 
 
 Yet the district which from time immemorial was 
 Royal Forest formed no small part of the County ; and 
 nearly the whole of it was at one time or another made 
 subject to the Forest laws. The encroachments made 
 by the early Kings upon the rights of the inhabitants 
 of this, and other Forest districts, were for hundreds of 
 
iv PREFACE. 
 
 years the subjects of dispute, and their history forms an 
 important part of the history of England. 
 
 The rights of lopping wood and of pasturing cattle 
 on the wastes of the Forest of Essex also deserve atten- 
 tion. The presence of the' marked cattle on the Forest 
 lawns, and of trees everywhere made into pollards by 
 the wood-cutters, have for the most part been treated 
 as the common incidents of a wide expanse of pasture 
 and manorial waste, explained perhaps, as regards the 
 wood cutting, by a supposed grant of right from Queen 
 Elizabeth. Both in fact were the remains of an ancient 
 agricultural system, extinguished in almost all parts of 
 the country by improved methods of cultivation, and by 
 the exhaustion of the woods, or the arbitrary acts of their 
 owners, but preserved in this district by the restrictions 
 of the Forest laws. I have always regretted that the 
 last complete remnant of these ancient rights of wood 
 cutting which existed in the parish of Loughton, was 
 not allowed to remain under regulations. It was of great 
 value to the poor inhabitants, and as a relic of antiquity 
 was not less worthy of preservation than Queen Eliza- 
 beth's Lodge or Ambresbury Banks. 
 
 In the last two chapters of the Book will be found 
 an account of the great work of the Corporation of 
 London in rescuing much of the illegally inclosed land, 
 
PREFACE. V 
 
 and buying and dedicating to public use the whole of 
 the Forest wastes, and of the events which led to it. 
 
 It was to this action of the Corporation that my 
 Book owes its origin ; for in ordeir to enable me to 
 advise them as to the nature of the rights of pasture, 
 by establishing and enforcing which it was determined 
 to stay the inclosures, it became necessary to study an 
 immense mass of ancient and modern Forest documents, 
 collected under the superintendence of Mr. Robert 
 Hunter, who acted in the proceedings as the agent of 
 the late Sir Thomas Nelson, then City Solicitor; and to 
 whose energy and acuteness in conducting the litigation 
 its success was largely due. 
 
 These documents, under permission given by Sir T. 
 Nelson, I have used as the foundation of my work, 
 which, however, has required much additional research, 
 and has occupied my leisure during more than four 
 years. 
 
 The " Cambridge MS." which I have often cited 
 is a volume in the Cambridge University Library in 
 handwritings of the first half of the 17th century; the 
 contents were probably extracted from original records 
 in order to form instructions for some of the Ministers of 
 the Forest. 
 
vi PREFACE. 
 
 The irregular spelling of the names of many 
 persons and places may be noticed. Finding it impos- 
 sible to fix it with accuracy, I have adopted the spelling 
 used in each document or part of a document, just as I 
 found it. 
 
 I am indebted to many friends for their assistance. 
 The trustees of the late Lord Mornington have kindly 
 lent me a great number of original documents relating 
 to the office of Lord Warden of the Forest; and the 
 re-production of one of these by the Autotype Company 
 forms the frontispiece of the work. Mr. Crawford, the 
 present City Solicitor, has also supplied me with many 
 documents ; and I have to thank the Reverend J. M. 
 St. Clere Raymond, of Belchamp Hall, for the loan 
 of Chapman and Andre's large map of Essex, upon 
 which are delineated many of the Forest boundaries 
 laid down in 1641. Mr. Walter de Gray Birch, 
 Mr. E. Scott, and Mr. H. Jenner, of the British Museum, 
 have also given me great assistance in the investigation 
 of various questions which have presented themselves 
 in the course of my labours, and in directing me to 
 many sources of information. 
 
 Guildford, 
 
 November, 1887. 
 
CONTENTS, 
 
 -♦- 
 
 CHAPTER I. 
 
 PAGE 
 
 The General History of the Forest to the end of the 
 
 17TH Century i — 52 
 
 CHAPTER n. 
 The Laws and Courts of the Forest 53 — 104 
 
 CHAPTER ni. 
 
 The Justices and Ministers of the Forest 105 — 185 
 
 CHAPTER IV. 
 
 The Wild Deer 186—229 
 
 CHAPTER V. 
 
 The Woods and Wood Rights in the Forest 230 — 264 
 
 CHAPTER VI. 
 
 The Pasture and Pannage Rights 265 — 311 
 
viii CONTENTS. 
 
 CHAPTER VII. 
 
 PAGE 
 
 Inclosures in the Forest 3 '^ 346 
 
 CHAPTER VIII. 
 How THE Wastes were Disafforested and made Places 
 
 OF Recreation 347 — 37^ 
 
 APPENDIX. 
 
 Lists of Verderers, Foresters, Regarders and King's 
 
 Woodwards 373 — 392 
 
 Perambulation of 1301 393 — 399 
 
 Abstract of Perambulation of 1641 400 — ^403 
 
 INDEX 40s 
 
 ERRATA. 
 
 Page 8, line i—For "stob or stock," read " stob and stock." 
 63, lines 9 and tl—J'br "Ealdennan," read "Ealdorman." 
 192, line i^—For "vermn," read "vermyn." 
 
 „ iS—For "Later," read " EarUer." 
 262, line 18 — For "cover," read "covert." 
 339, line 2— For "Her," read "His." 
 353, at end of line 8, add " the." 
 
THE 
 
 FOREST OF ESSEX. 
 
 CHAPTER I. 
 
 The Ge?ieral History of the Forest to the 
 end of the i^th Century. 
 
 " In the Forests also are the Kings' places of retirement and their 
 " chief delights; for to them they come for hunting, when they lay aside 
 " their cares, that they may refresh themselves with a season of rest," ' 
 
 HE Forest of Essex, known from the beginning 
 of the 14th century as the Forest of Waltham, 
 and in modern times as Epping Forest, was one of 
 those large districts called Royal Forests, which were 
 once common in England ; and were so ancient, says 4tii inst. 319. 
 Sir Edward Coke, as no record or history doth make 
 any mention of their erections or beginnings. Being speim. Gloss. 
 for the most part uninhabited and abounding in woods, 
 they were set apart for the support of the King's wild 
 animals ; and, though unfenced, were protected by fixed 
 
 * Dialogues of the Exchequer, Book I. Chap. XI. 
 
 B 
 
2 THE FOREST OF ESSEX. 
 
 boundaries, and by established laws, with magistrates, 
 judges, officers, and ministers. 
 
 The soil of these Forests was sometimes in the 
 Crown, and sometimes wholly or partly in private 
 owners ; but in either case, the right of forest, commonly 
 known as the right of vert and venison, belonged to the 
 Crown. From a very remote period, the right of hunting 
 in the Royal Forests was the exclusive privilege of the 
 Sovereigns, and of those whom they allowed to share 
 with them the pleasures of the chase. 
 
 sirRobt. Waltham Forest, which was one of their favourite 
 
 A^'fa^ places of resort, was described in the 17th century as 
 
 ehequer^Tus having " 3. vcry fertile and fruitfuU soyle, and being 
 
 Esset°cl?'i', ^^^^ of "^°st pleasant and delightful playnes and lawnes, 
 
 No. 31 (1628). j^^g^ useful and commodious for hunting and chasing 
 
 of the game of redd and falowe deare," and as having 
 
 been " alwaies especiallie and above all theire other 
 
 fforests, prized and esteemed by the King's Maiestie 
 
 and his said noble progenito™ the Kings and Quenes of 
 
 this Realme of England, as well for his and theire own 
 
 pleasure disport and recreation from those pressing cares 
 
 for the publique weale and safetie which are inseparablie 
 
 incident to theire kinglie office, as for the interteynment 
 
 of forreyne Princes and Embassado", thereby to show 
 
 unto them the honor and magnificence of the Kings and 
 
 Queen es of this Realme." 
 
 During the Commonwealth, and in later times as it 
 came to be understood that the Crown lands belonged to 
 the Sovereign only by virtue of his office, those parts of 
 
GENERAL HISTORY. 3 
 
 the Forests of which the Crown had both the soil and 
 
 the forest right were used as nurseries for timber for 
 
 the navy, as well as for their original purpose; and 
 
 when hunting in them by the Kings fell into disuse, and 
 
 the timber was no longer wanted, these, and the rights 
 
 of vert and venison in the Forests, the soil of which was 
 
 not in the Crown, fell into the hands of a public body Second 
 
 whose chief object was to administer them merely for select c°om- 
 
 the purpose of producing revenue at as little cost as open spaces ; 
 
 possible, and with a cynical disregard to the rights of m" Howa°d, 
 
 the other persons interested. ^^' ^ ~'°^' 
 
 Except in the case of the New Forest, if in truth it 
 be an exception, history is silent as to the dates at which 
 the Forests became subject to the Forest laws. The EiUson 
 other Forests are only rarely and incidentally noticed in I'^Toi. ^' 
 the Domesday Survey, which, except in mentioning a 
 person in Writtel who was made forester of the King's Domesday, 
 wood after the Conquest, contains nothing about the '' ^ 
 Forest of Essex.* One document is extant, which, if it 
 
 ^ Unless a grant, a copy of which is in the Chartulary of 
 Glastonbury Abbey, in the Bodleian Library (Wood, i fo. 234), and 
 which is printed in Cod. Dipl. No. 398, and Vol. VI. p. 232 ; Cart. 
 Sax. No. 800, may be excepted. 
 
 It purports to be a grant by King Edmund, a.d. 944, of lands at 
 Neteligtone (Nettleton in Wiltshire), the boundaries of which refer to 
 Stratford and Woodford. There are places of these names in Wiltshire, 
 but at the opposite end of the county, in which I cannot identify the 
 other places named in the boundaries. But Stratford and Woodford, 
 together with Aldersbrook, the Mere dyke, Hengrave (Ingrave), and 
 perhaps, Abbanberge (Abridge ? Abury ?), which are all mentioned in 
 the boundaries, are in Essex at no great distance from one another, 
 and in or close by the ancient Forest. 
 
 The only probable explanation of the difficulty which occurs to me, 
 
 B 2 
 
THE FOREST OF ESSEX. 
 
 were genuine, would afford conclusive evidence that the 
 Forest was a Royal Forest before the Conquest. 
 
 This professes to be a grant by Edward the Confessor 
 
 Cod. Dipl. 
 Nos. 119, 288. 
 Cart. Sax. 
 Nos. 207, 321. 
 
 Baluzius, 
 Vol. I. 
 Capits. of 
 Charlemagne, 
 A.D. 800. 
 
 Lex Ripua- 
 riorum Ixxvi. 
 Dagobert, 
 A.D. 630. 
 
 4tli Inst. 319. 
 Spelm. Gloss. 
 " Foresta." 
 
 Rot. Chart. 
 S John (1203). 
 R. C. 104b. 
 Charter of 
 Abbot of 
 Stratford. 
 Exch. Treas. 
 ofRect. PI. 
 For. 17 Ed. 2. 
 
 is, that in the original document, of which that in the Chartulary is a 
 copy, the boundaries of the land granted may by mistake have been 
 written upon the wrong grant. If the boundaries belong to Essex, 
 the interest of the document lies in the last boundary mark. This in 
 the Chartulary is written the " fer ist sone," which Kemble reads 
 " the forest stone." If this be correct, as I think it must be, we have 
 not only a Forest boundary more than loo years before the Conquest, 
 but a very unusual form of the word " Forest." 
 
 During the Anglo-Saxon period the Royal Forests were called the 
 King's woods (sylvas regis or regales), and a forest was called deor 
 wald, the word "deor" being applied to wild beasts in general. 
 
 The words " foresta" and "forestarius" were used on the Continent 
 at the beginning of the gth century ; but in the 7th the phrase 
 is " the King's woods " ; and I have been unable to find the word 
 " Forest " in any Anglo-Saxon document, except the Latin version of 
 the Forest laws, attributed to Canute, the date of which, however, 
 is probably not long before the Conquest. " Forest " is commonly 
 believed to be from " foris," something beyond certain boundaries, as 
 opposed to " intus " ; and " foris " is often so used in the Anglo- 
 Saxon Charters ; but according to a derivation proposed by the author 
 of the Dialogues of the Exchequer, " forest " is from " feresta," the 
 e being changed into 0, and the word being made out of " ferarum 
 statio," a habitation for wild beasts. 
 
 This is the only document in which I have found the word written 
 according to this conceit of the Bishop of London, who is supposed to 
 have written the Dialogues in the time of Henry II. 
 
 Coke and Spelman fall into the curious error of supposing that the 
 Anglo-Saxons called a forest "buck holt," i.e., sylva ferina. It is not 
 certain that the fallow deer was a wild forest animal during the Anglo- 
 Saxon period ; but if it were, the name of the stag or hart would 
 certainly have been preferred to that of the buck. Buck holt is no 
 doubt a corruption of boc holt, i.e., a wood held by book or charter. 
 A corresponding compound is boc hurst, of which there were several 
 examples in the Forest of Essex. One was a wood granted by John, 
 under the name of La Bocherste, to the Monastery of Stratford, and 
 was still " Bookhurst " in the time of Edward II. 
 
GENERAL HISTORY. 5 
 
 of the office of Keeper of part of the Forest to Randolf Buxton's 
 Peperking and his family ; and it shows, as we have been Forest, p. 13, 
 gravely told, the nature of the functions originally en- 
 trusted to the chief officers of the Forest. 
 
 This charter was long since declared by Morant to History of 
 
 , Essex, vol. I. 
 
 be a forgery, upon the ground that its language was 327, note. 
 that of the 14th century.^ He took it to be the inven- 
 tion of some idle poetaster in the reign of Edward I. or 
 Edward II. ; but takes no note of the possibility that it 
 might have been a paraphrase or free translation in the 
 dialect of that period, of a genuine Anglo-Saxon grant. 
 There may be in it enough of the language of forest 
 grants, to give colour to the suggestion that it was the 
 work of an idler who had some knowledge of such 
 matters ; perhaps of 
 
 " A clerk foredoomed his father's soul to cross, 
 Who penned a stanza when he should engross " ; 
 
 but this, I think, is not the true explanation of its origin, mss. Hari. 
 
 2ii5,fo. 143b. 
 
 It is known by a copy in the British Museum, writ- 
 ten about the time of Henry VIII., and which runs as 
 follows : — 
 
 " A coppie made of a graunt by King Edward called 
 the Confessor, before the Conquest, and re- 
 mayn^ of record in the Exchequer.* 
 
 ' Kemble includes it in the Codex Diplomaticus (No. 899) without 
 note or comment ; but it is not the only doubtful document contained 
 in that work ; nor is its claim to authenticity improved by the fact that 
 it was cited on behalf of the Crown in 1635 on th6 question as to the 
 Forest boundaries. 
 
 ^ Camden (Brit. 2. 43, Gough) refers to the Exch. Treasury of 
 Rect. Hil. T. 17 Edw. II., which must have been an inspeximus 
 Charter ; but a search for it has been unsuccessful. 
 
THE FOREST OF ESSEX. 
 
 " Iche Edoard Kinge have yoven of my forreste y* 
 keepinge 
 Of the hundreth of Chelmer and Dawncing, 
 To Randolphe Peperking and his kinling ; 
 With hart and hind, do and bokke, 
 Hare and Fox, Catt and Brooke, 
 Wylde foule with his flock, 
 Partriche feasant hen and feasant cock ; 
 With greene and wyld, stob and stock. 
 To kepen and to yeomen by all ther might, 
 Bothe by daie and eke by night ; 
 And hounds for to hould 
 Good swyfte and Boulde 
 Four greyhounds and vj Raches, 
 For hare and fox and wild Cattes ; 
 And therefore I make him my booke. 
 Wittnes the Bysshop Wolfston 
 And book y learned many a one 
 And Swayne of Essex our Brother 
 And liken to him many other 
 And o' Stuard Howelyn 
 That besought mee for him." 
 
 Ranulfus Piperellus, otherwise Ralph Peverell or 
 Peperking, was a Norman, who is recorded in the 
 Domesday Book to have held large estates in several of 
 the Essex hundreds, including Chelmsford and Dengie^ 
 though it does not appear that he held them during the 
 reign of the Confessor. 
 
 Assuming that the document may be a paraphrase 
 made about the 13th century, we may pass over the 
 
GENERAL HISTORY. 7 
 
 circumstance that rhyme was very rarely used in Anglo- 
 Saxon poetry. But there are many other difficulties. 
 The hundred of Dengie, here corrupted into Dawncing, 
 was called Witbrictesherna,^ at and presumably before 
 the date of the Domesday Survey. 
 
 The grant to Peperking and his kinling is equiva- 
 lent to a grant of the office in fee; but though there 
 were several foresters in fee in Essex, there is no trace 
 of such an office in Chelmsford or Dengie. 
 
 The Forest laws attributed to Canute, and which are 
 probably at least as old as the time of the Confessor, 
 must be assumed, in the absence of knowledge of any 
 other Forest laws before the Conquest, to have been in 
 force during the reign of the Confessor; and the supposed 
 grant does not agree either with it or with the Norman 
 Forest laws. 
 
 It specifies the red and fallow deer, but omits the 
 wolf, the wild boar, and the roe, which are all mentioned 
 in Canute's laws; the wolf probably, and the boar cer- 
 tainly, being wild in the forests during Edward's reign. 
 The fox was not under the care of the Forest officers 
 appointed by Canute's laws; nor do they speak of the 
 cat or the brock. The partridge, the pheasant, and the co.Litt.233a. 
 mallard were fowls of warren after the Conquest, but so 
 far as I can find, they were not under the care of the 
 Forest officers before it ; or protected by any Forest law 
 
 ' Query, Witbrict's horn or projection, in allusion to its position. 
 Dengie is commonly supposed to be Danes eye=Danes Island. It has 
 been suggested that " Den " in Dengie is a valley or low ground 
 (Cough's Camden, 2. 53); but if it was called after a Dane, the 
 transition to Danes Island is very easy. 
 
THE FOREST OF ESSEX. 
 
 Maawood, 
 ch. 18. 
 
 Exch. Treas. 
 ofRect.Pl. 
 For. 20 Ed. I, 
 Charter Roll, 
 Essex. 
 
 except the general prohibition against the use of weapons, 
 dogs, and snares, and against hawking. 
 
 If " stob or stock " is the right to have gallows and 
 stocks,^ such a privilege was sometimes annexed to the 
 estate of the lord of a manor,^ but not to the office of a 
 Minister of the Forest. 
 
 The right to hunt the hare, the fox, the cat, and 
 sometimes the brock or badger, and to keep for the pur- 
 pose a fixed number of greyhounds and brackets (of 
 which word "raches" is another form^) was often granted 
 by the Plantagenet kings to Forest landowners in words* 
 so exactly corresponding to those used in the supposed 
 grant by the Confessor, that it is impossible not to 
 
 ' Stob means a post or the trunk of a tree ; and Halliwell gives an 
 instance of its application to the post of a gibbet (Dictionary of 
 Archaic Words). In Scotland, to have " stob and stailc " in a place, 
 meant to be domiciled there (Jameson's Sc. Diet. Supp.) ; but this 
 meaning seems entirely inapplicable. 
 
 ^ E.g., William Earl of Salisbury in 1630, and James Earl of 
 Salisbury in 1670, in respect of their manors of Roydon Hall and 
 Temple Roydon, claimed " pillories, tumbrells, and gallows " for 
 punishing malefactors within the manors and the liberties thereof; 
 and at the manor Court of " Rokholt" on the 21st May, 1532, it was 
 presented that the lord of the manor might make a pair of stocks and 
 a pair of gallows between the manor of Wanfield and the manor of 
 Rokholts. 
 
 3 " Thre grehoundes he ledde on bond, 
 
 And thre raches in on bond." — 
 
 Arthur and Merlin, 172 (Halliwell). 
 
 * Take, for instances, i Richard I. — Grant to Ralph de Hoodenk 
 and his heirs through our whole Forest to take hare and fox and wild 
 cat. 37 Henry lU. — Grant to Richard de Tany and his heirs, to have 
 if they will, eight harriers and twenty brackets, to course and hunt 
 hare, fox, badger, and wild cat through our whole Forest of Essex, 
 &c. Many claims made at the Courts of Justice Seat profess to be 
 founded upon charters made in similar language. 
 
GENERAL HISTORY, 9 
 
 suspect that they were copied from a grant made in a 
 later reign. 
 
 Again, the principal witness to the supposed charter 
 is called " Swayne of Essex, our brother." Now Sweyn, 
 the king's brother, must have been he who was the son 
 of Earl Godwin, and the brother of Queen Eadgyth. But 
 it was a different person whose large estates in the county 
 are described in the Domesday Book under the head Domesday, 
 "SVENI de Exssessa." He was a favourite of the4ibr'^™' 
 Conqueror, from whom he received large grants of land 
 in Essex, and was the builder of Rayleigh Castle. His 
 father's name was Robert. 
 
 Lastly, there is no evidence that the two hundreds 
 which formed the district included in this supposed charter 
 were ever within the bounds of the ancient Forest. It 
 was, on the contrary, found by those who made the 
 perambulation of the Forest in 1301, that the hundred of ch. Misc. 
 
 . , , „ RoUs,No.ii3. 
 
 Dengie was beyond the Forest, because it was afforested 27—29 Ed. i, 
 after the coronation of Henry II., and by the Kings 
 Richard and John ; and that, except the vill of Writtel, 
 which was Crown demesne, the hundred of Chelmsford 
 was also beyond the Forest. 
 
 This brings us to what I take to be the true explana- 
 tion of the matter. In the 13th century it appears to cotton, roU 
 have been the practice to link together two hundreds or ^^' ^' 
 half hundreds for the purpose of Forest administration. 
 Chelmsford and Danesei were so linked in 1250, when 
 they were claimed as part of the Forest. They had in 
 common one forester, with three sub-foresters, and four 
 regarders, and each had two verderers, and woodwards 
 of its own woods. 
 
No. 2. 
 
 lo THE FOREST OF ESSEX. 
 
 Ex. Treas. The rccords of the Court of Justice Seat, held in 
 
 RoUs"Esse°x,' 1292, also show that these hundreds then formed the 
 baiUwick or district of one of the Riding Foresters, who 
 was removable at the pleasure of the Steward of the 
 Forest. And as the dialect of the charter agrees with 
 the language then in use, it seems likely that this rhyming 
 charter was forged about the end of the 13th century, in 
 order that it might be produced at one of the inquiries 
 which were held at that time concerning the bounds of 
 the Forest, as evidence that these hundreds were legally 
 afforested ; possibly also to support a claim by one of the 
 descendants of Peveril^ to the office of forester in fee, 
 against that of the Steward or Warden of the Forest to 
 have the disposal of it. 
 
 The absence of any documentary proof that the 
 Forest of Essex had been placed under the Forest law 
 before the Conquest does not, however, raise any 
 inference that it was not afforested till after that time. 
 No traces have been found of any afforestations, except 
 such as were enlargements of a Forest already in exist- 
 ence, and which it can hardly be doubted was so, long 
 before the Conquest. 
 
 We may learn something as to the manner in which 
 this, and probably other forests in England became 
 what they were, by considering the original state of 
 the district ; the rights exercised over the land by the 
 
 ' Peveril had a grandson, known as William Peveril of Essex. 
 Dugd. Baronage, i. 437. 
 
GENERAL HISTORY. 1 1 
 
 early Kings and their nobles ;* and the position of the 
 inhabitants. 
 
 I may remind my readers that, during a long period 
 before the Conquest, the Anglo-Saxon Kings and their 
 Councils exercised the right of granting lands absolutely 
 to different persons, including the Kings themselves, 
 in severalty, subject to the usual burdens of military 
 service, and the making and repairing of bridges and 
 castles. 
 
 The grants were made by book or charter, and the 
 land was thence called "bocland;" that from which it 
 was taken being " folk land," that is, the people's land. 
 But it was only treated as the people's land in the sense 
 that it was used for the purposes of the state, and this 
 use was at the discretion of the King and his witan. 
 Such parts of it as were not granted by charter, or 
 temporarily disposed of in the manner presently men- 
 tioned, were in practice used at the King's pleasure; and 
 there seems to be no doubt, that from such of it as was 
 suitable for the purpose, the Royal Forests were origi- 
 nally formed. When and by what process those which 
 existed before the Conquest were made subject to the 
 Forest laws is unknown ; but it is not necessary to 
 assume that any formal act of afforestation took place. 
 
 The question as to the earliest introduction of a 
 body of written Forest law in England depends upon 
 
 ' See upon this subject Allen on the Royal Prerogative ; Kemble's 
 Saxons in England, and Introduction to Codex Diplomaticus ; De 
 Laveleye, De la Propri6t6 et de ses formes primitives ; Seebohm on 
 the English Village Community. 
 
1 2 THE FOREST OF ESSEX. 
 
 the authenticity of the Code commonly attributed to 
 Canute, and called Constitutiones de Foresta. This will 
 be discussed in the next chapter ; and, if I am right in 
 my conclusion that the Code is a Latin translation or 
 reconstruction of a genuine body of Anglo-Saxon or 
 Anglo-Danish Forest laws, its contents show that at a 
 still earlier date than the reign of Canute, there were 
 Forest laws or customs in England, which may have 
 formed the foundation of the Code itself. 
 
 Now in the Forest of Essex, originally a wild and 
 uncultivated country, for the most part thickly wooded, 
 but interspersed with lawns, plains, and marshes, there 
 were formed in remote times a number of settlements 
 conveniently placed for the use of the woods and 
 pastures, and for the cultivation of a sufficient quantity 
 of land ; which according to a very ancient practice was 
 held in open and common fields and meadows, some of 
 which yet remain ; and with the existence of which the 
 wood and pasture rights exercised in the Forest were 
 closely connected. The custom of wood-cutting in 
 Loughton only ceased with the existence of the original 
 constitution of the Forest in 1878 ; and it will be shown 
 that similar customs once prevailed over the greater 
 part, and probably over the whole of the Forest. 
 
 Almost all the Forest vills which represent these 
 ancient settlements are shown by the Domesday Book to 
 have been in existence before the Conquest; but except 
 in. the case of Waltham, which is said to have been 
 founded by Tovi or Tofig, the standard-bearer of Canute, 
 we have no information as to the time of their settlement. 
 
GENERAL HISTORY. 13 
 
 It was probably long after their foundation that the 
 boundary line of the ancient Forest was fixed; for that See map of the 
 
 , Forest accord- 
 
 part of It which has always been treated as forest only ingtoperamb. 
 
 ■>■,.. o{ 16^1, infra, 
 
 included parts of several parishes. Stratford, West 15 Rep. of 
 Ham, East Ham, Great and Little Ilford, Barking, 1793, App." 
 Dagenham, Navestock, and Theydonboys, were all 
 divided by it ; and it seems to follow, either that these 
 places, and the vills which were entirely within the 
 Forest, must have been allowed to grow up in a district 
 which was already afforested, or that the Kings must 
 have assumed a right to afforest at their pleasure the 
 lands of their subjects. The right to do so was, as is 
 well known, claimed by them after the Conquest, and 
 enforced by the afforestation of large tracts of land in 
 Essex and other counties. 
 
 These, after a long struggle, their successors were 
 compelled to give up, but the claim was revived in the 
 1 7th century for the purpose of extorting money ; though 
 it was stoutly denied by Coke, who declared that " the 4* inst. 301. 
 common law hath so admeasured the Kings' prerogatives 
 that they should not take away nor prejudice the in- 
 heritance of any." 
 
 The difficulty may perhaps be explained in this way. 
 There were large tracts of land in the possession of 
 subjects, but which, being held neither for estates of in- 
 heritance, ftor by charter, might have been made subject 
 to the Forest laws without violence to the rights of the 
 occupiers.* These were the Isen (Anglice, loan) lands, 
 
 ■ The population of course was thin. In the whole of the nineteen 
 parishes which were wholly or partly in the Forest, there were at the 
 date of the Domesday 2 priests, 513 villeins, 451 bordarii, 58 serfs, and 
 
14 THE FOREST OF ESSEX. 
 
 upon which, either by way of reward for military services, 
 or by favour of the Kings, people were allowed to settle 
 without receiving grants of any permanent estate in them. 
 Such lands were subject to various burdens, amongst 
 which obligations to provide lodging and sustenance for 
 the Kings, their huntsmen, horses, dogs, and hawks, and 
 those who had the care of them, and to assist the King 
 in his hunting, were common/ It is probable that a 
 right to hunt over these lands themselves would co-exist 
 with these obligations, either by express reservation when 
 the Isen was granted; or because the original settlers 
 may have squatted upon their lands either before the 
 existence or during the suspense of any settled govern- 
 ment, and may afterwards have been allowed to retain 
 them in the nature of Isen land, and subject to the Forest 
 and other rights of the Kings. 
 
 In a district used under these circumstances as 
 forest, subject to such Forest laws and customs as then 
 existed, the fixing of the boundaries may not only have 
 taken place long after the foundation of the Forest vills, 
 but may have been delayed until the settlement of the 
 
 1 8 freemen. A large proportion of these were in Waltham, Barking, 
 West Ham, and Walthamstow. 
 
 ' As one of many instances : — " Soluta et liberata sit . . ab opere 
 regali et pastu regis et principis, vel juniorum eorum ; ab hospitorum 
 refectione, vel venatorum ; etiam equorum regis, falconum, et ancipi- 
 truum, et puerorum qui ducunt canes." (Cod. Dipl. No. 258; Cart. 
 Sax. 450. See Introduction to Cod. Dipl. p. liv. ; and for other 
 instances see Cod. Dipl. Nos. 214, 216 {id. Cart. Sax. 370), 223 
 (?■(/. Cart. Sax. 395), 237, 261, 278 {id. Cart. Sax. 488), 306, and Cart. 
 Sax. 413,443, 454, 612. 
 
GENERAL HISTORY. 15 
 
 surrounding lands had made it necessary or desirable to 
 define the exact limits of the Royal Forest. 
 
 It was the custom at different times not only to call 
 the whole Forest by the names of the principal places in 
 it, such as Waltham or Epping, but to call the part of it 
 which surrounded a particular vill or place, the Forest of 
 that place. Thus, besides the outlying forests, so called, 
 of Kingswood, Writtle, and Hatfield, which were ancient 
 Crown demesnes, we find constant mention in the records 
 of the Forests of Theydon, of Loughton, of Chingford, of 
 Walthamstow, and other places ; and on the eastern side 
 of the Forest there were the Forests of Havering and 
 Hainault. All these were originally integral parts of 
 the Forest of Waltham, and were subject to the same 
 regulations (except some local customs), and administered 
 by the same officers. 
 
 The name of "Hainault" is a comparatively modern 
 corruption of a word variously written in the 13 th and 
 14th centuries as "Hineholt" or " Hyneholt ; " in the 
 1 6th as "Inholt" or "Henholt;" and later as " Hen- 
 ault" or "Heynault." "Hainault" occurs in the 
 records, I believe, for the first time in 1719-20. 
 
 The same name of " Hyneholt " was borne by part 
 of the King's wood at Colchester in the 14th century; 
 the Anglo-Saxon "Holt," a wood, evidently forms the 
 last syllable ; of the first I can offer no satisfactory 
 explanation. 
 
 The manor of Havering was ancient Crown demesne, 
 and in the time of Edward I. was part of the Hundred of 
 
1 6 THE FOREST OF ESSEX. 
 
 Becontre, It is hardly worth while to notice the tradi- 
 tion* that the name arose from the sending- of a ring by 
 a pilgrim to Edward the Confessor. The syllable "ing" 
 is a common suffix of the names of places in Essex ; 
 it may refer to a meadow or pasture, but was probably 
 used as an Anglo-Saxon patronymic. 
 Exch. Treas. Not long after the perambulation of Edward I., 
 
 ofRect. PI. . ^ ^ 
 
 For. 17 Ed. 2, made m 1301 and which made Havermg part of the 
 
 Essex, No. 3. _ . . , . , , ^ - 
 
 forest, his son and successor assigned the " Forest of 
 Havering," with many other possessions, to his consort, 
 Queen Isabella, for her dower, with power to nominate 
 justices itinerant for Pleas of the Forest, and with the 
 fines and amerciaments for trespasses committed in the 
 PI. For. Forest; and accordingly, in 1323-4, on the nomination 
 of the Queen, he appointed Henry Beaufytz to be an 
 associate with Aymer de Valance, Earl of Pembroke, and 
 the three other justices itinerant of the Forest, and com- 
 manded them to admit him to act with them. 
 Cooke''" Havering thenceforth became a liberty separate 
 
 Wright"' ^^'^1^ Becontre hundred. The Crown still claimed it in 
 Exch snis 161 7 as part of the Forest. But the defendants, in the 
 
 and Answers, _ _ ^ ' 
 
 jas. r, Essex, suit in which it was so claimed, said that it was dis- 
 
 No. 270. State 
 
 Pap. Dom. tinguished by known bounds from the Forest ; that the 
 Vol- 202, foresters had not intermeddled with it; the tenants or 
 inhabitants had not been required to appear at the Forest 
 Courts, and it had been treated as purlieu. The ac- 
 curacy of these statements is shown by the facts, that 
 the bounds which separated it from the Forest were laid 
 down by the perambulation of 1641 ; and that in 1630 it 
 had a Ranger, an officer whose duties lay in the purlieus. 
 
 ^ The story is repeated by Lord Lytton in Harold, BookX. Chap. II. 
 
 No. 22. 
 
GENERAL HISTORY. 17 
 
 And in the x 8th century, when its people were presented Attachment 
 for agisting their cattle in the Forest, the Reeve said 1770-' 
 that for sixty years they had been accustomed to pay for 
 this privilege. 
 
 As to Colchester, the actual Forest district subject 
 to the Forest laws, included not only that anciently known 
 as King's Wood and King's Wood Heath, and in 
 modern times as Mile End Heath, but, as appears by 
 the perambulation of 1301, the Castle and the whole 
 town within the walls. The estate was granted to the Movant's 
 
 £SR6X vol I 
 
 burgesses of Colchester by Henry I. or Stephen for a (Colchester), 
 fee farm rent of \os. About 1168 it came to the hands of coichester, 
 of Henry II., and by grant from him and Richard I. no 170.' " ' 
 forester was allowed to molest any man within the 
 liberty ; and all the burgesses might hunt the fox, the 
 hare, and the polecat within the limits. The estate con- 
 tinued in the Crown till the reign of Henry VIII., who, 
 for the sum of 100/., granted it to the bailiffs and 
 commonalty as part of the liberty of the town of Col- 
 chester. 
 
 Hatfield Regis remained in the Crown till the reign Morant, 
 of Henry III., who, in 12 17, granted it to William de ^°' ' 
 Cattingham, and in 1241, with Writtle, to Isabel wife of charter 
 Robert de Brus. In this family they remained till 1306, Ex. Treas. of 
 
 K-ect Plac 
 
 when they came by forfeiture to Edward I., and were For. 20 Ed. i. 
 afterwards granted by Edward II. to Humphrey de Bohun. 
 
 The history of Writtle is almost the same as that of Morant, 
 
 •' vol. 2. 61, 63. 
 
 Hatfield to the time of the grant to Humphrey de Bohun. Ex. Xr. of 
 
1 8 THE FOREST OF ESSEX. 
 
 Rect.H.For. At a Forcst Court held in 34 Henry III. (1250) a memo- 
 
 cott. Roll, randum was entered of liberties claimed by Isabella de 
 
 '""■^" Brus under the King's grant; and there were then 
 
 separate foresters, verderers, and regarders, for the 
 
 half hundred of Chelmsford in the parts of Writtel, 
 
 besides woodwards of several woods. 
 
 Morant, In the reig^ns of Henry III., Edward I., and 
 
 vol. 1. 61— 63. ° , . ^ . . 
 
 Edward II., land was held by the serjeanty of keepmg 
 the Forest of Writtel, and whoever held it was on 
 account of it to discharge the Bayliship. 
 
 The whole county of Essex, except the district in 
 the south-western part of it, which from all time, has 
 been known as Royal Forest, and except perhaps some 
 of the north-western part beyond the Great Roman Road 
 called the Stanstrete, was brought under the Forest laws, 
 probably, by William the Conqueror and his successors ; 
 and to them must be attributed the introduction of the 
 system of Forest government which, with some modifica- 
 tions, lasted till the middle of the i gth century. 
 
 The description of this, of the Court of Attachments, 
 and of the Swainmote, which presented, examined, and 
 assessed the fines for Forest offences ; of the Court of 
 Justice Seat which punished them, and of the Ministers 
 who were the eyes and the ears of the Courts, will be 
 found in later chapters ; and we now pass on to the times 
 when the pecuniary necessities of the Kings, and the 
 complaints of the hardships caused by their illegal 
 afforestations, led by degrees, and after long struggles, 
 to their abandonment. 
 
GENERAL HISTORY. 19 
 
 Some disafforestations were made both by Henry II. Assise of 
 
 ^ -^ Woodstock, 
 
 and his predecessors; but the earliest record which I §xvi. Andsee 
 
 , r , r WritsofApril, 
 
 have found of any m Essex, is that by which John dis- 1228, infra. 
 
 rr 1 1 1- . ■, ., , , , 1 Rot. Chart. 
 
 anorested the district described as " beyond the causeway s John, 1204, 
 towards the north which leads from Stratford towards c. p. 123). ' 
 Colchester, as far as the wood of Weldhora, where, at the 
 head of the ditch called Haydiche, it is joined to the 
 aforesaid causeway; and from thence beyond the causeway 
 as the wood extends to the New Bridge; and from thence 
 as the highway extends, as far as Heiland." 
 
 The "causeway" is, of course, the Stanstrete, but a 
 later perambulation, made in 1301, shows that only a 
 part of the country on the north of this road was forest, 
 and included in this disafforestation. 
 
 I cannot identify the other places named ; but the 
 bridge is probably one of the Colchester bridges, and 
 Heiland may be the wood marked as Highwood in old See Chapman 
 
 and Andre's 
 
 maps, and situate at the south part of Mile End Heath, map. 
 
 This disafforestation was confirmed by Edward IV., Confirmation 
 Henry VIII., Edward VI., Mary, and Elizabeth. 7 Eiiz. No. 7. 
 
 In 1 2 15, John, by Magna Charta (§ 47), in accord- 
 ance with one of the articles in the agreement with his 
 barons, disafforested all the forests which were afforested 
 in his time, and the banks made to protect them. And 
 shortly after, the famous instrument called the Charter Matth. Paris 
 of the Forest was granted by Henry III. in consideration ^'^°'°- ^^J- 
 of i-i5th of all the moveables of the whole kingdom of 
 England. It provided that all forests which Henry, the 
 King's grandfather, afforested should be viewed by good 
 and lawful men ; and if he had made forest of any other 
 wood more than of his own demesne, whereby the owner 
 
 c 2 
 
20 THE FOREST OF ESSEX. 
 
 of the wood had hurt, forthwith it should be disafforested; 
 and if he had made forest of his own wood, then it should 
 remain forest. 
 
 In accordance with this charter, perambulations were 
 ordered to be made before March, 1224-5, ^s is shown 
 Pat. Roll, by a document issued by the king in that month ; in 
 m. s. ' ' which, referring- to a perambulation already made under 
 the Charter of the Forest, he directs that the knights who 
 made it should not disturb or in anywise destroy whatever 
 See M. Paris the knights of this last perambulation should affirm. The 
 92, 94 (M. R. language is somewhat obscure, but the reference is pro- 
 bably to an intended further perambulation, which was 
 actually ordered by a writ dated 9th May, 1225. 
 
 This was directed to Hugo de Nevill, Briennus de 
 Insula, and Master H. de Carn ; and constituted them 
 the King's Justices in Essex, Surrey, and Sussex ; " that 
 by your view having called to your aid the foresters of 
 the fee, and the verderers of those counties, a correct 
 perambulation may be made by 12 lawful knights of 
 those counties, who, being for this purpose elected and 
 sworn, the better may know and be willing to declare the 
 truth before you, between the parts of those counties 
 which are to be disforested, and those parts which shall 
 remain forest, according to the tenor of our charter 
 of Forest liberties granted to our good men of Eng- 
 land." 
 
 They were therefore directed to cause the metes and 
 bounds between each part of the counties, to be placed 
 and enrolled, with the names of the knights who made 
 the perambulation, under the seals of the Commissioners, 
 of the knights, and the sheriffs ; and that until it was so 
 
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 •r. 
 
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 Dz: 
 
 
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 Wa 
 
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 C -r- 
 
 S@ 
 
 £ 
 
 K 
 
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 r=r 
 
 
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 Fi, 
 
 
 'I« fbcc. paiiH 21. 
 
GENERAL HISTORY. 21 
 
 completed, no woods should be felled, nor any venison 
 taken on account of it. 
 
 The records of two of the perambulations of the Cotton mss. 
 Forest of Essex, which are extant, are probably those 
 made upon these occasions. One of them is entered in 
 the Register of the Monastery of Waltham Holy Cross 
 preserved in the British Museum. It does not deal with 
 the whole of the afforested lands, nor does it contain the 
 names of the knights. It is therefore, I consider, the 
 earlier of the Essex perambulations made by Henry III. 
 under the Charter of the Forest. 
 
 The knights who made it say, first, that a certain 
 wood called "Kyngeswood" next Colcester was appur- 
 tenant to the town of Colcester at the time of the first 
 coronation of King Henry, the grandfather of King John ; 
 and after that it was taken into the hands of the King, and 
 the burgesses of Colcester were computed at 40^. on behalf 
 of the Exchequer in respect of their farm in the same 
 wood ; " with regard to which the lord the King shall do 
 as he wishes, as of his own demesne lands." 
 
 They then say that " whatever is towards the East 
 from the river formerly flowing from Tyltey {i.e. the 
 river Chelm) as far as Chelmaresford. And from Chel- 
 maresford to Maldon, and from thence as far as the 
 Eastern sea where the same river flows into the sea, 
 was afforested after the first coronation of King Henry 
 (II.) the grandfather of the lord the King, and for 
 that reason they place it without the bounds of the 
 Forest. Likewise they say that from the highway which 
 stretches from Chelmaresford as far as the bridge of 
 
2 2 THE FOREST OF ESSEX. 
 
 Stratford, which is between Essex and Middlesex, what- 
 ever is from that way towards the South^ (all the appur- 
 tenances of the lord the King's manor of Havering- 
 being excepted^) as far as the Thames is without the 
 bounds of the Forest for the aforesaid reason." 
 
 The knights then began the perambulation of the 
 ancient part of the Forest at a place called Delle on the 
 London and Chelmsford highway near Romford, where 
 by a bridge, called Dellebridge in the perambulation of 
 1 30 1, it crossed the Ingreburn brook. The name of the 
 place was, perhaps, preserved in that of "The Dial 
 House," marked in Chapman and Andre's map. The 
 boundary went up the Ingreburn between Havering and 
 (South) Welde to a factory on the border of the wood of 
 Nastock, and thence across to the river Roding ; down 
 that river to Abridge, thence by the house of William de 
 Bosco to the Tyledehawes (tiled house^) belonging to the 
 Abbot of Waltham, and from that house to the Cross next 
 the inclosure of (North) Welde, called Holonecouche ; 
 and so between the hundreds of Aunger and Waltham, 
 and of Heilawe and Waltham to the stream called Laye. 
 
 They said also that whatever was contained between 
 the aforesaid places and the highway coming from Strat- 
 
 ^ I am not sure whether the hundreds of Daneseye and Rochford 
 •were included in this description, nothing being said, as in the case 
 of the other district, about the Eastern sea. According to the 
 perambulation of 1301, Daneseye was afforested after 1154; but 
 Rochford was found to have been beyond the Forest from time 
 immemorial. 
 
 ^ These includeci lands in Homchurch, Rumford, and other parishes 
 in the liberty, lying to the south of the highway. 
 Claim No. 75. ' There was also an " Old Tyled House" in Barking in 1670. 
 
GENERAL HISTORY. 23 
 
 ford as far as the place called Delle, was preserved 
 from taking game on the day of the first coronation of 
 King Henry II. ; and for that reason the game in 
 those places was the right of the lord the King, saving 
 to all free tenants their woods and tenements, quit from 
 rent and regard, and from all manner of hindrance of 
 the foresters. 
 
 Then after stating that certain free alms belonging 
 to the monastery of Waltham, were within the bounds, 
 and leaving to the judgment of the King and his Council 
 other property belonging to the churches of St. Paul, 
 St. Ethelburga, and other religious houses, the knights, 
 pleading their imbecility and the difficulty of the task, 
 conclude by leaving all the lands beyond the limits laid 
 down, except the King's demesnes, to be disposed of 
 according to his will; adding, that there were certain 
 places in Essex beyond the limits of the Forest which 
 were not afforested after the first coronation of Henry IL 
 These are the districts left uncoloured in the map. They 
 are also left out of the Forest by the perambulation of 
 1 301, which is equally silent as to their history. They 
 were doubtless afforested by one of the early Norman 
 Kings, and some parts of them which lay on the north of 
 the causeway were, as we have seen, disafforested by John. 
 
 It was probably because of the obvious imperfections 
 in this perambulation that the King issued the writ 
 already mentioned for a second perambulation, the record 
 of which is entered in the MS. copy of Bracton in the Rawi. mss. 
 Bodleian Library. It was made before Hugh de Nevyle, '"''^ ' °'"°' 
 Justice of the Forest, one of the Commissioners named 
 in the writ, and the Lord Richard, son of William, for 
 
24 THE FOREST OF ESSEX. 
 
 this purpose, assigned with the aforesaid Hugh. It con- 
 tains the names of the twelve knights who made the 
 perambulation, viz. Robert de Senaunce, Gilbert Mandut, 
 Ralph son of William, William de Hispania, Ralph de 
 Berners, Thomas de Plumbereway, Philip de Rokele, 
 William Mandut, Thomas de la Downe, Walter de Badne, 
 Richard de Hesketot, and Alexander de Ridelings. 
 
 These knights laid down the bounds of the ancient 
 afforestations in almost the same words which were used 
 by their predecessors. They gave the names of the 
 Crown demesnes, to which the latter had only referred 
 generally, viz. , Havering, Writtle, Hatfield, and Kynges- 
 wode next Colcestre; and "the knights also say that 
 whatsoever is afforested beyond the demesnes of the lord 
 the King and the places and divisions above noted in 
 Essex, was afforested after the coronation of the aforesaid 
 King Henry, grandfather of the lord the King Henry III. 
 And therefore they say that all that may be without the 
 Forest," 
 
 chron'Ma- "^" '^^'^1 ^ the King, at the instigation, it is said, of 
 
 (M.R. Series), Hubert de Burgh, the chief Justiciar, quashed the charter 
 
 vol. 3, p. 125. ^ 
 
 of the Forest, on the pretence that having been under 
 ward he had no power to grant it. On its restoration 
 upon the demand of Richard Earl of Cornwall, Henry 
 found another way of attaining his object. He issued 
 writs dated the 24th April, 1228, to the sheriffs of Essex 
 ?i°H ^m ' » ^""^ °*^^^ counties,' setting forth that the knights who 
 made the perambulations in those counties had acknow- 
 ledged that they were led into error, because the writs 
 under which they acted directed them to disforest all . 
 
 ' Stafford, Worcester, Surrey, and Salop. 
 
GENERAL HISTORY. 25 
 
 woods which Henry 11. had afforested, and did not except 
 those which before his time were forest, and which he 
 had afterwards restored to forest. Wherefore they be- 
 lieved that of such disafforesting, there were woods which 
 he had restored to forest, as well as those which he had 
 newly afforested. " They say, therefore, that all the 
 Forest of the said county, which they in their perambu- 
 lation aforesaid deafiforested, was afforested before the 
 time of our aforesaid grandsire ; and when it was in the 
 wars of King Stephen destroyed, was again, by our said 
 grandsire, restored to forest as it had been in the time 
 of King Henry his grandsire (Henry I.). And there- 
 fore we command that you cause it to be proclaimed 
 throughout your bailiwick, that the Forest shall be kept 
 by the same bounds and metes by which it was kept in 
 the time of our lord King John our father, before the 
 war moved between him and his barons of England. 
 And we forbid any to trespass in vert or venison in the 
 same Forest ; and bows and arrows, harriers and brackets 
 are to be removed from within the same." 
 
 To the Essex writ is added ** except the hundred of 
 Thendrig which King Henry (II.), grandsire of the king, 
 afforested anew." 
 
 The further perambulation was made by the same 
 knights who made the perambulation of 1225, and runs 
 as follows : — 
 
 " Essex. This is the perambulation in the county For- ptoc- 
 
 (Chancery) 
 
 of Essex in the 1 2th year of the reign of King Henry III., De Antiquis 
 
 T-> 111-- Forestis, 
 
 between the ancient Forest, and the Forest afforested No. 88. 
 after the first coronation of King Henry, grandfather of 
 
26 THE FOREST OF ESSEX. 
 
 the lord King Henry III., by the knights underwritten, as 
 jurors, by the precept of the lord the King ; before the 
 
 lord Hugh de Neville, Justiciary of the Forests 
 
 Richard Fitz William for this purpose appointed with the 
 lord Hugh de Nevill ; To wit, Robert de Sonant, Gilbert 
 Mandut, Ralph Fitz William, William de Ispania, [Ralph] 
 de Ber[ners, Thomas] de Plumberge, Philip de Rupela, 
 William Manduit, Thomas de la Dune, Walter de Badewe, 
 Richard de Assecots, Alexander de Briclinges ; who say 
 that whatever afforestation existed on the day of the per- 
 ambulation, was afforested before the day of the first 
 coronation of the lord King Henry (II.), grandfather of 
 the lord the King Henry III. Except the hundred of 
 Tendringes, which was afforested after the first coronation 
 of King Henry II. And the same [knights] say that the 
 hundred is beyond the Forest. And the residue of the 
 county of Essex which was heretofore afforested, shall 
 remain in the Forest as it was aforetime." 
 
 By this audacious act, Henry III. at one stroke can- 
 celled almost all the disafiforestations in Essex made by 
 the Great Charter, and by the Charter of the Forests ; 
 Cotton Roll and in 1250 he had foresters, verderers, regarders, and 
 woodwards in the hundreds of Tendring and Lexden 
 (Alrefen), of Thurstapel, and the half hundred of Lexden 
 at Tippetri ; the half hundreds of Wenestre, Wyham, and 
 Felsted ; the hundreds of Chelmsford, and Daneseye, 
 Berdestapel and Chafford, Chelmsford in the parts of 
 Writtel, and Ongar ; and the half hundred of Waltham.^ 
 
 ' The MS. being imperfect, it is possible that there may have been 
 ministers of the Forest in some of the other hundreds. 
 
 xiii. 5. 
 
GENERAL HISTORY. 27 
 
 The records of the Justice Seat held at Chelmsford ^^- For. 
 
 . 5 Ed. I. 
 
 in 1277, also contain pleas of vert concerning the half 
 
 hundreds of Lexden (in respect of the Crown demesnes 
 
 of Colchester and Alrefen or Kingswood), and for 
 
 Wesentre (Wenestre), Thurstable, and other districts 
 
 beyond the Forest bounds laid down in 1225 ; and Reeves 
 
 (who, I think, must have been Forest Reeves) for Langho 
 
 (Langenhoe), Tolleshunt and ToUesbury in the two latter pi.For.sEd.i. 
 
 hundreds ; and a charter licensing the Abbot and Monks 
 
 of the Cistercians of Coggeshall to enclose their woods 
 
 in Tolleshunt with a small fence ; and the entries at the Exch. Treas. 
 
 r< r 1 1 r i ■. • ofRect. Plac. 
 
 Justice beat 01 1292 show that foresters and their yeomen For. 20 Ed. i. 
 were then acting in the whole or part of every hundred 
 south of the Stanway, except Wenestre, Thurstable, 
 Tendring, and Rocheford; the district of one of these 
 foresters being Dengie and part of Chelmsford, which 
 are included in the rhyming Charter. 
 
 The supervision of one forester, with never more 
 than three assistant yeomen, over districts which some- 
 times included two hundreds, could not have been 
 very strict. But that there might be no mistake about 
 the extent of the claim set up by the Crown, a pre- 
 sentment of the boundaries was made in the reign of 
 Edward I., and was enrolled at the Justice Seats of 1277 
 and 1292; and to this the Crown lawyers appealed in Exch. Treas. 
 aftertimes as conclusive evidence that the whole county For. r? Ed.' 2. 
 was subject to the Forest laws. The presentment was as 
 follows : — " It is presented by 12 knights and other jurors ror.ProcCh. 
 joined with them, being chosen out of the county, that ForesSs''^™^ 
 the Forest of the lord the King in the Coimty of Essex ^°" ^^' 
 is included in metes and bounds from the bridge of 
 
28 THE FOREST OF ESSEX. 
 
 Stratford unto the bridge oi Cattywad in length, and in 
 breadth from the Thames unto the king's highway which 
 is called Stanstrete." 
 
 Cattywad bridge crosses the river Stour just above 
 Manningtree, and its mention here as a Forest boundary 
 appears to show that the Crown still claimed the hundred 
 of Tendryng as part of the Forest. 
 Close RoU, It had been disafforested by Stephen ; and we have 
 
 seen that Henry III. in 1228 admitted that it was no 
 part of the Forest because it had been afforested anew 
 by Henry II.* But as the previously disafforested parts 
 of Dunmow, Hinckford, and Lexden hundreds north of 
 the Stanstrete, were not included in the Forest claimed 
 by the Crown, there would, if Tendring hundred was also 
 omitted, have been a belt of some miles of disafforested 
 land separating Cat)rwad from Colchester ; and the 
 latter place would have been the extreme point of the 
 Forest in that direction. 
 
 Further perambulations were made in 1298, 1299, 
 and 1300 ; at which time the King, being sorely pressed 
 for money, demanded the tenth penny from his subjects, 
 but the Commons granted to him one-fifteenth only in 
 consideration of new perambulations of the Forests, and 
 of pardon for all offences against the King's deer : and 
 these perambulations were made in accordance with the 
 meaning of the directions for carrying out the Charter of 
 
 Exch. Treas. ' It was afterwards expressly made quit of the Forest by Edward II. ;• 
 
 For T7 Ed' 2 ^'^'^ ^^^ Simonds D'Ewes says it was excepted from the claim made by 
 
 Autobio- the Crown in 1635, having been enjoyed quietly by the inhabitants for 
 
 graphy,2.i36, about the space of 400 years free from Forest laws. 
 An. 1635. 
 
^ 
 
 Tofacc-paije 'iff. 
 
GENERAL HISTORY. 29 
 
 the Forest as stated in the proclamation of Henry III., 
 and with the abandonment by his predecessors of some 
 of their encroachments. 
 
 The perambulation of the Forest of Essex, which 
 was accordingly made in 1301, is illustrated by the 
 annexed map, and a translation of it will be found in the 
 Appendix. It throws much light upon the early history 
 of the Forest; the reasons why several large tracts of 
 country were declared to be, or not to be in the Forest, 
 being carefully stated, though not quite in accordance 
 with other sources of information. 
 
 It describes the main body of the ancient Forest by chancery 
 
 ■^ ^ Misc. Roll, 
 
 Its metes and bounds, declares which vills and hundreds No. 113, 2710 
 are within, and which are beyond the Forest, and refers 
 to the outlying parts in speaking of the hundreds in 
 which they are situate. 
 
 Three special reasons for disafforestation are al- 
 lowed, and another is stated but not allowed. The first 
 applies to the hundred of Westodeleford, Estodeleford 
 (Uttlesford), the half hundreds of Frosschewell (Fresh- 
 well), and Clavering, and the hundreds of Tendring and 
 Rochford; of all which it was declared that they were 
 wholly beyond the Forest, and that they were so from a 
 time beyond the memory of man. This last phrase was, 
 perhaps, used in its strict legal ' sense as implying that stat.wesimr. 
 these districts had been out of the Forest since the ist c. 39. ' ' 
 'year of Richard I., and not that they were never known 
 to have been in the Forest ; for Tendring, it is clear, was 
 known to have been so. 
 
30 THE FOREST OF ESSEX. 
 
 The hundreds of Dunmow, Hinckford, and Lexden, 
 traversed by the Stanstrete, which, it will be remembered, 
 was claimed in 1277 and 1292 as the northern boundary 
 of the Forest, are with some exceptions declared to be 
 out of the Forest ; but as to the parts lying to the north 
 of the Stanstrete, the special reason is given that it was 
 by purchase of Alberic Earl of Oxford. 
 Dugd. Baron- The sccond of the De Veres, who held the title of Earl 
 
 age. Dugd. 
 
 Monast.voi.4, of Oxford, and who was steward and warden of the Forest, 
 
 p. 432, ed. . . 
 
 1823. and died in 12 15, was the person to whom the perambu- 
 
 Charterof latlon rcfcrs ; for the first earl died in 1194, and Tiltey 
 Abbot of Abbey and many of the lands belonging to it, which 
 were in the hundred of Dunmow, on the north of the 
 Stanstrete, were in the Forest in 1 199. This was, there- 
 fore, clearly the disafforestation already mentioned to 
 have been made by King John in 1204, of the lands 
 beyond the Causeway towards the north. 
 
 The interest of the De Veres in the nunneries of 
 Castle Hedingham, and of St. Cross, at Hengham, and 
 other places north of the Stanstrete, sufficiently explains 
 their desire to obtain the release of the district from the 
 Forest laws. 
 
 The perambulation also puts beyond the Forest the 
 parts of the hundreds of Dunmow, Lexden, and Hinckford 
 lying to the South of the Stanstrete, except the part of 
 Colchester which was within the Forest, and the wood 
 of Blakholay. No reason is given for this finding ; the 
 inference is that they had been notoriously afforested by 
 one of the King's predecessors. 
 
 The third reason for which lands are held to be 
 
GENERAL HISTORY. 31 
 
 beyond the Forest touches the hundreds of Chafiford, 
 Bordestable (Barstable), Danuseye (Dengie), and the 
 half hundreds of Wytham, Thurstable, and Winestre 
 (Winstree) ; which are declared to be entirely beyond the 
 Forest, according to the tenor of the Great Charter of the 
 Forest, because they were afforested after the coronation 
 of Henry L, and by the Kings Richard and John. 
 
 As to the districts found to be within the Forest, the 
 persons who made this perambulation, also for the most 
 part contented themselves by stating the fact without 
 giving their reasons. The places are the vill of Havering 
 with its appurtenances, which was royal demesne, the vills 
 of Wanstead, Leyton, Welcomestow (Walthamstow), and 
 Woodford, and parts of the vills of Stratford In West- 
 ham, Eastham, Hyleford parva (Little Ilford), Berking, 
 and Dakenham in the hundred of Becontree ; the whole 
 of Loketon", Chlgewell, Lamborn, and Stapleford Abbatis, 
 and parts of the vills of Nostock (Navestock) and Theydon 
 Boys in the hundred of Ongar ; all the other vills in that 
 hundred being beyond the Forest. The whole half 
 hundred of Waltham without exception was within the 
 Forest. But Hatfield Regis, with the hamlet of La Walle, 
 and the wood called Monkswood; the vill of Writtle, and 
 the vill of Colchester, with the castle and the tract of 
 wood called Kingswood, on the north of that town, are 
 declared to be in the Forest because they are ancient 
 demesne of the lord the King. As to Felsted (which is 
 called both a vill and a manor) with the wood of Blak- 
 holehey and its appurtenances in the hundred of Hlnck- 
 ford, the Abbess of Caen, who held them by gift of 
 
3 2 THE FOREST OF ESSEX. 
 
 William the Conqueror, claimed to have them as freely 
 as they were held in the time of Edward the Confessor ; 
 but it was adjudged that they ought to remain wholly in 
 the Forest. 
 
 No reason is given for this decision. It is evident 
 that it was not the same which applied to Hatfield, 
 Writtle, and Colchester ; for the ancient demesne lands 
 of the Crown were only such as were set down among 
 the Terrce Regis in the Domesday Book, and as belonged 
 to the Crown at the time of the Conquest.* But Felsted 
 is entered in the Domesday as the property of the Holy 
 Trinity of Caen, and in the time of the Confessor belonged 
 to Earl Algar, from whom the Conqueror must have taken 
 it. Being forest in his hands as his own demesne, 
 
 ' It is not clear what lands are technically ancient demesne of the 
 Crown. The Real Property Commissioners (3rd Report, p. 12) say, 
 "All agree that it exists in those manors, and in those only, which 
 belonged to the Crown in the reign of Edward the Confessor and 
 William the Conqueror, and in the Domesday are denominated Terra 
 Regis." But so far from all being agreed in this view, Coke (4th Inst. 
 269) and Fitzherbert (Nat. Brev. 14 D.), who are followed by Black- 
 stone, say that those manors are called ancient demesnes of the 
 Crown which were in the hands of S. Edward the King and Confessor, 
 or of William the Conqueror, and are included among the Terrs 
 Regis ; and as many estates which were included in the Terrae Regis 
 were not in the hands of the Confessor, the diiference is great. The 
 value of Fitzherbert's authority is much weakened by the strange 
 remark that the Domesday Book was made in the time of S. Edward 
 (16 D.), and that all the lands which were in his hands when the book 
 was made were ancient demesne. Nor is the present perambulation 
 in all respects accurate ; but, so far as it is reliable, it supports the 
 view of Coke and Fitzherbert ; for Writtle and Hatfield are both 
 entered among the Terrae Regis, and are called in the perambulation 
 ancient demesne of the King; and yet they belonged to Earl Harold, 
 and not to Edward the Confessor. 
 
GENERAL HISTORY. 33 
 
 though not ancient demesne of the Crown, when he 
 granted it to the Holy Trinity at Caen in 1082,^ several 
 years before the completion of the Domesday Book, it 
 seems to have been considered that it must so remain 
 notwithstanding the grant. The other places found by 
 the perambulation of 29 Edward I. to be in the Forest 
 because they were ancient demesne were, like Felstead, 
 actually in the Crown at the date of the perambulation, 
 and therefore, as the King's demesne, were strictly 
 within the exception in Charta Forestae. 
 
 But the language of the perambulation appears to 33 Kd. i, 
 have caused some doubt at the time, for four years later, 2-9.' 
 in answer to a petition to Parliament by persons who 
 were put out of the Forest by the perambulations, that 
 they might be discharged of all those things which were 
 formerly demanded of them by the foresters, the King 
 said, that after he had granted the perambulations, 
 it was his pleasure that it should be as he had granted, 
 and as it ought to be without demanding anything, or at 
 least he intended it so ; but that all his demesne lands, 
 whether they were those which were anciently in the Crown, 
 or which came by way of escheat or in any other manner^ 
 should be free chases and free warrens, and should be 
 held and kept as such for his own use, and all the woods 
 therein in such manner for ever after as he pleased. 
 
 ' The Abbey, however, had only four of the five hides of which the Domesday, 
 manor consisted. Of the fifth the King gave three virgates to a ^ ^aiij^'Iiii 
 person who rejoiced in the name of " Roger God save the Ladies " fo. g6b. 
 (Deus salvet dominas) ; and the fourth virgate to Gislebert, the son of 
 Salomon. 
 
34 
 
 THE FOREST OF ESSEX. 
 
 Plac. For. 
 Exch. Tr. of 
 Rect. Essex, 
 Bundle 27, 
 No. I. 
 
 Therefore from that time all the land found by the 
 perambulation of 130 1 to be within the Forest as ancient 
 demesne of the Crown, that is to say, Hatfield Regis, 
 Writtle, and Colchester, became only Royal chases and 
 warrens, and were thenceforth omitted from the Forest 
 perambulations; and in 1641 the hundreds in which they 
 are situate, and all the towns and parishes in them, were 
 declared to be wholly out of the Poorest. 
 
 Writtle, however, being still a Royal chase, was 
 included in an inquisition into the state of the Forest 
 of Chelmsford, held at Barking in 39 Edward III. 
 (1365). 
 
 For. Proc. 
 Chy. De 
 Antiquis 
 Forestis, 
 No. 37. 
 
 The perambulation of 1301 was alleged by certain 
 knights, who were directed to examine it on behalf of the 
 King, to contain several inaccuracies. They reported that 
 whereas the hundreds of Westhodelesford and Esthodeles- 
 ford. (Uttlesford) and Froschewell (Fresh well), were found 
 to have been wholly outside the Forest beyond the 
 memory of man, it was shown by the Domesday Book 
 that Newport, Rickling, Sandford, and other places in 
 these hundreds, with the woods belonging to them, were 
 ancient demesne of the Crown, and therefore ought to 
 have been left In the Forest ; that Phyrigheria, with the 
 wood of Ingrave, and Cittendis In Chafford hundred ; 
 Bernflet, In Berdestaple ; and WItham with Its wood. In 
 the hundred of WItham, being In the same position, the 
 whole of those hundreds ought not to have been excluded; 
 and that the vill of Stanway, and Lessenden, In the hundred 
 of Lexeden, were also ancient Crown demesnes ; and 
 they referred to the perambulation of 1 2th Henry III. as 
 
GENERAL HISTORY. 35 
 
 showing generally that the metes and bounds of the 
 Forest were incorrectly placed in the perambulation of 
 1301. 
 
 This appears to have been in the nature of a protest, 
 on the part of the King, against the perambulation, which 
 left him only the ancient part of the Forest and a few 
 inconsiderable Crown demesnes ; and it was followed up Exch. Xreas. 
 
 ■^ of Rect. 
 
 by a presentment m 1323, at Pleas of the Forest held at Essex Bag. 
 " Stratford atte Bow," that the Forest extended to the 
 bounds laid down in the 5th and 20th Edward I. But 
 the Great Charter of the Forest was confirmed in 1327, i Ei3, st.2, 
 
 C. I. 
 
 1405, and 1416, the perambulation made in 1301 being 7H. 4, c. i. 
 
 expressly mentioned on the first of these occasions ; and 
 
 all the subsequent Courts were held within the ancient 
 
 part of the Forest, or in the Royal demesnes of Colchester 
 
 or Hatfield Regis, although at some of them cognizance 
 
 was taken of the Regard of Chelmsford, which was one 
 
 of the disafforested hundreds ; and Willinghall Spain, in Piac For. 
 
 the disafforested part of Ongar, was fined as a defaulting 
 
 vill at the Justice Seat of 1324. 
 
 The same remark applies to the various inquisitions 
 which were held in the 14th century as to the condition 
 of the different parts of the Forest. They were held in Presentments 
 
 , on Inqs. 
 
 1333 — i335j 3-t Colchester, as to the Forest of King's 72(1.3(1333). 
 
 Wood ; at Hatfield Regis, as to the Forest of Chelmsford ; 
 
 and at Stratford atte Bowe, as to the Forest of Aunere ; Ex. Treas. of 
 
 ° Rect. JIisc. 
 
 in 1344 at Stratford atte Bowe, and in 1362 at Berking, For. roUs, 
 as to the condition of the Forest generally; in 1365 at Rolls 19, 37. 
 the same place, as to the Forests of Aungre and Chelmers- Trea°.of^ect'. 
 ford ; in 1369 at Hatfield, as to the Forest of Essex of the n?.^i'. ^' ^^' 
 
 D 2 
 
36 THE FOREST OF ESSEX. 
 
 l^-^Treas.of Regard of Chelmersford ; at Old Stratford, in 1372 as 
 Rolls. B. iss, to the Forests of Aungre, Hatfield, and Waltham ; in 
 Id. B. 153, the same year as to the Forest of Chelmersford and 
 RoU27. Bekentre; and in 1374 at Romford as to the Forest of 
 Essex in the Regard of Chelmersford. 
 
 ^Ed! 6* pt 3 ^^ *^^ reign of Edward VI. the Forest laws were 
 
 neglected, and he issued a proclamation setting forth 
 that "yt hathe byne muche brutyd and noysed" among 
 divers of his loving subjects that he intended to dis- 
 afforest the Forest, and to destroy the deer and game 
 there, by which many of them had been encouraged to 
 destroy the vert, and to hinder and disquiet the deer and 
 game, " and sembleably to murdre and kyll a nombre of 
 the said deare, not a lyttle to our dyspleasure;" and 
 informing them that he intended to maintain the Forest 
 laws as his father or any other of his progenitors had 
 done, under which every offender was liable to imprison- 
 ment for three years, and to make fine at the King's 
 pleasure, and to find sureties or abjure the realm. 
 
 In 1 61 7 James I., being engaged in attempting to 
 inclose, perhaps for a deer park, the open lands in the 
 neighbourhood of his palace of Theobalds in Enfield 
 Chase, ^ appears to have aroused the fears of the 
 
 ' Evelyn, speaking of Enfield Chase in the 1 7th century, says : 
 Diary, 2nd "That which I most wondered at was that in the compass of twenty- 
 June, 1676. fjyg miles, yet within fourteen of London, there is not a house, church, 
 bam, or building besides three lodges. To this lodge" (Secretary 
 Coventry's) " are three great ponds, and some few inclosures ; the 
 rest is a solitary desert, yet stored with not less than 3,000 deer." 
 
GENERAL HISTORY. 37 
 
 inhabitants of Waltham Forest that encroachments would 
 
 be made upon their wastes. Sir Fulke Grevyll, Chan- state Papers, 
 
 11 /- 1 T^ 1 • ■»«• o Dom. Series, 
 
 cellor of the Exchequer, in a letter to Mr. Secretary James i, 
 Lake, dated 28th April, 1617, speaks of the proposed No. 50! 
 purchase for the King of the Lammas Commons at 
 Cheshunt and other property, and thus refers to Waltham 
 Forest : — " The last weeke I had notice that the Steward 
 of Waltham Forest being in hande with the necessarie 
 worke for setting out the true boundaries of it, the contry 
 growing gealouse of some further intention of inclosing 
 their Comons began to mutyne ; and not knowing how 
 farre this publique discontent might give interruption to 
 my Lo. Treasorer's proceedinge at Theobalds, I went to 
 my Lo. Denny, and with him took a course for deferring 
 of that Comission till his Ma*'®' inclosures on this side 
 the water were fullie finished : yet within some fewe daies 
 after, Tresswell going to Theobalds for perfecting the 
 surveyes of his Ma*"®° farms now to be enclosed, what 
 a showre of Shrewes he encountred with I leave to the 
 storie of his own letters. Wherin y® may see how easilie 
 this tight Sea of busie people is raysed up with every 
 wynde ; so as a tender proceeding with them can be no 
 preiudice." 
 
 In the year 1630, at Pleas of the Forest held on the chancery For. 
 2ist September, boundaries were again laid down which No. 153. 
 practically agreed with those of 1301. The alarm and 
 indignation of the county may be imagined, when, four 
 years later, the Crown officers began to carry out in 
 Waltham Forest the plan for raising money by extending 
 the Royal Forests. Sir John Finch, then the King's 
 
38 THE FOREST OF ESSEX. 
 
 Attorney-General, came to the Justice Seat at Stratford 
 Langthorne, and, without previous notice of his intention, 
 claimed on behalf of the Crown a right to revert to 
 the enlarged boundaries which had been so often reduced, 
 with such violence and pertinacity, that the grand jury 
 acceded to his demands ; though an adjournment was 
 granted by the judges, to enable the county to instruct 
 counsel to argue questions of law as to the effect of the 
 ancient proceedings. A full account of the proceedings 
 is contained in the following memorandum by Robert 
 Rich, Earl of Warwick, who was one of the presiding 
 
 "Oct. ye5^ 1634- 
 state Papers, " Last night, being the 4*^ of this present moneth, I 
 
 1634, vol. 275, came from the Justice and Oyer Seate att Stratford Laing- 
 
 No. 21. . -^ ° 
 
 ton, and being late and weary I deferd setting downe the 
 declaration of what I saw passed in that Court w*^ was 
 thus. I came on Wednesday before, being the first of 
 October, to that towne att dinner, where I found the 
 Justice and Oyer, accompanied w*^ Mr. Justice Jones and 
 Barron Trevor his assistants and my Lord Willowby 
 Warden of the Forrest, and all his officers and divers 
 others w°^ accompanied my Brother,* as my Brother 
 Newport, my Brother Cheeke, S' Robert Rich, my Cosen 
 Edwin Rich and many, my Lord Midelsex, Mr. Coventry, 
 and afterwards came S' John North and others ; I found 
 them in a great perplexity, for that the Writt from my 
 brother was not there brought, by w'=^ they might sitt 
 
 ' /. e., the Earl of Holland, Chief Justice of the Forest. 
 
GENERAL HISTORY. 39 
 
 and p[roceed] to theire business : and blame was much 
 laied on Mr. S'. Johns for it, who excused himselfe ; he 
 had sente it to my Lord Willowby by a footman of his, 
 and did desier mee to excuse him to my Brother Holland 
 whoe had fined him ; and my Lord Willowby acquainted Wednesday 
 mee that he had sent for it to London : after dinner the ^ ^™°°"- 
 writt came, soe as wee went to the Bench and after the 
 reading of that and the suinons to all the Office™ by my 
 Lord Wardens warrant, they fell to calling of the Office" 
 of the Court. First the Lord Warden and the rest, whoe 
 delivered up their homes* to the Justice and Oyer on 
 their knees ; when they read all the Officers, as Verderers, 
 Raingers, Keepers, Under Keepers, Regarlders, Wood- 
 men, and fower Reeves of every Towneship in the 
 Forest; then the Grand Jury; and gave them theire 
 Oaths with other formalityes of that Courte; then the 
 Verderors deliver in the Roules of the presentments of 
 the Swalement Court, and others were delivered by 
 the Regarders as I take it; w""* were read, and some 
 were find for the trespasses they did ; some in hunting, 
 some for building, some for cutting their woods w"^ 
 out lycence, some for not well fencing them in, some 
 
 ' " Every Forester when he is first called ought upon his knees to sir W. Jones, 
 deliver his home to the Chief Justice in Eyre, which is then delivered ^^P- '^^*^- 
 to the Marshal. They pay a fine of bs. %d. before they are re-delivered. 
 Likewise, every Woodward, when he is first called, ought to present 
 his hatchet to my Lord." Ceremonies of the same kind were pro- lq„j ^^^ 
 bably performed at the Swainmote. The claim by the lord of the 1852, p. 3857. 
 manor of Minestead in the New Forest in i8sz states that the 
 lord's woodward was to appear at the Swainmote Court at Lj'ndhurst, 
 and place his horn on the table, and receive the same again, and 
 present all wild beasts and venison of the Queen preserved in the 
 manor. 
 
40 THE FOREST OF ESSEX. 
 
 for keeping doggs expeditated [? unexpeditated] some 
 for makeing warrens w*^ in the Forrest, and so for divers 
 offendo™. 
 
 Thursday. " Then Mr. Attorney namely S* John Finch made a 
 
 Speech to the Justice in Oyer, wherein he semes much to 
 taxe ye Regarders that they had not given in the bounds 
 lymitts and metes of the Forrest, and ernestly pressed to 
 have them well fined for it. They on the otherside ex- 
 cused themselves and sayd that att the last Justice and 
 Oyer they had given in none, neither did theire articles 
 comand them soe to doe, but they had p' pared one in 
 paper after the last Iter and brought it in to Mr. Keeling 
 the Gierke of the Iter, whoe had it. Then Mr. Attorney 
 Finch adrest his Speech to the Justice and Oyer, and 
 tould him he was come to lett him and the country know 
 he had found an auncient Record of Edw. the i** whereby 
 the bounds and meetes of the Forrest of Essex had bin 
 from Bowbridge to Catway bridge in length, and in 
 breadth from the River of Thames to Stan Street, and he 
 would know how his Master had lost every inch of it ; 
 and adrest also his Speech to y^ lawyers there p'sent, that 
 if they were there for the Country they should doe well 
 to prepare themselves for theire defence ; and asked them 
 if they were there for the Country ; they answered they 
 were then ready if any would entertaine them, but they 
 weare not entertayned, but some of them for pticular clames 
 w*"" in the Forest : whereat Mr. Attorney grew into great 
 impatiency, and sayd he had traced them dry foot (for 
 that was his word) and that they had made searches for 
 theire defence, and that he would not stir from thence till 
 
GENERAL HISTORY. 41 
 
 hee had had a verdict for the King if they would not make 
 theire defence. I seeing Mr. Attorney soe violent upon 
 them, I stood up and desiered a word or two to my Lord 
 w""^ was to this effect : that I came there on of my love to 
 my Lord, not knowing of anything of extending the 
 bounds and lymitts of the Forrest from what it had usually 
 this many yeares bin reputed. I perceaved there was 
 never an Essex man there but myself that was not a 
 forrester ; that if I had had the spiritt of divenation what 
 Mr. Attorney would have bin att by enlarging the bounds 
 of the Forrest, myselfe and many of the Lords and Free- 
 holders of the Countrey woulde have been there w*^ theire 
 evidences and Charters to have given satisfaccon to that 
 Court not to extend their bounds farther then now they 
 were. I therefore in my owen and the Countreys behalfe 
 did desier my Lo-Justice that wee might understand 
 whether Mr. Attorney did intend to extend the bounds 
 for the King, and that wee might have tyme to aunswere 
 him soe as wee might not be surprised ; and I doubted 
 not but wee should give such satisfaccon to that Court 
 and to his Ma**^, as we might still enjoy w"' quietness the 
 possessions of our Ancesto" which had bin oute of the 
 Forrest for three hundred and thirty yeares. Mr. Attorney 
 replyed on mee that I fought close like a man of warr at 
 my locke, ^ but he was resolved to give noe longer tyme 
 then till morning it growing then somewhat late, and soe 
 willed the Councell to expect not an hower longer ; soe 
 they wente to other business of that Court, and then 
 adjourned. On Fryday morne after the Court sett, 
 and some business done, he caused the Grand Jury 
 ' I.e., at my diiBcuIty. 
 
42 THE FOREST OF ESSEX. 
 
 to Stand together to heare the evidence for the King, 
 and after he had asked the lawyers whether they 
 were p' pared for theyre defence, whoe answered him they 
 were not entertayned by the Countrey neither was it pos- 
 sible for them soe to bee, the Countrey not being somoned 
 nor warning given them, only to the Forresters. He toulde 
 them he sawe the Country was sullen and he woulde 
 proceed notw*^standing and soe willed the Grand Jury to 
 listen to a Roule w** he drew oute from the Roule keepers 
 bagg, very ancierit, and appointed Mr. Keeling to read 
 the Titell of it : being a Roule as I remember of the 1 7 
 of Edwd. 1° w** made the lymitts of the Forrest of Essex 
 to bee in length from Bowbridge to Catway bridge, and 
 in breadth from Thames to Stan Street ; after he had 
 heard this he read an other parte of the Roule of the 
 same Kings time, or of Edw. 2°, w*^ confirmed as much, 
 and recited an other Roule w"* Mr. Attorney sayd they 
 could not find ; he then pressed the Jury to have given 
 a verdict and not to have gone thence ; but the Foreman 
 makeing some scruple, he fell into such a rage, and 
 threatned them and swore he would have a Verdict for 
 the King ere he stir'd a foot thence, w*'' very high and 
 threatning wordes, as he would see who durst goe against 
 it ; and wordes of higher nature and most violent Action. 
 And when some of the Jury desired to see the Roule and 
 to have it w*^ them, he grew into a further rage and said 
 they should not see a worde but what he had read to 
 them, comanding the Roule Keeper to goe w*'' them but 
 that they should see nothing else; so they went togeather. 
 Then Mr. Attorney moved my Lord Warden all his 
 Officers of the Forrest should goe w*'^ them w*^ they did 
 
GENERAL HISTORY. 43 
 
 to the number of 40 or 50 as I conceived them by view. 
 The Grand Jury were 16 or 17, soe they went togeather 
 and after some two houres being away, they retourned w*** 
 this Verdict : ' That the Bounds of Forrest of Essex were 
 from Bowbridge to Cattway bridge in length, and in 
 breadth from Thames to Stanstreet,' w* Mr. Attorney 
 caused them to sett theire hands to all. After this they 
 went to other business of that Court, to the allowing and 
 disallowing of clames, after w"*" my Lo : Justice and Oyer 
 spoke somewhat to the Countrey that he had an intention 
 to adjorne that Court to an other day, wherein he woulde 
 heare what the Countrey can say in theire defence, and 
 that he would doe them all the right he might ; and soe 
 concluded that day what other business being Friday. 
 On Saturday after they had satt a while, I tooke my 
 leave and retorned home, where next day I sett downe 
 this relation as far as my memory would give me leave, 
 
 " Warrwicke. 
 
 " The lawyers' names I saw there were Mr. Atkines, 
 Mr. Attwood, Mr. Scott, Mr. Sise, Mr. Turner, 
 Mr. Edward Rich, Mr. Jermin, and others I know not. 
 Gent", S' Ro. Quarles, Mr. Wrighte, Mr. Fanshawe, Sir 
 Hen. Mildmay of Wansted, my Lo: Peeter's Solicitor, 
 Sir Tho. Barrington's Sollicitor and others. Willis the 
 Nurse's husband. 
 
 " After the Verdict was given in Mr. Attorney made 
 a great complainte against Searle one of the Grand Jury, 
 that when the Jury were togeather he had p'duced a 
 coppie of Record in paper of King John's, and moved 
 
44 
 
 THE FOREST OF ESSEX. 
 
 to know whether the Lo. Justice would fine him there, or 
 transmitt him to the Starr Chamber ; whoe transmitted 
 him to the Starr Chamber, but upon intersession of some 
 friends pardoned him." 
 
 Proc. at 
 Justice Seat, 
 Bodl. Lib. 
 
 Ranke Ge- 
 schichte, 2. 
 197, Eng. 
 vers. 2. 34. 
 
 The adjourned sitting was held at Stratford on the 
 8th April, 1635, i" the presence of Henry Earl of 
 Holland (who was conveyed to the Court in a Royal 
 carriage*). His Majesty's Judges, including Sir John 
 Finch, then Chief Justice of the Common Pleas, the High 
 Sheriff of the County, the officers of the Forest, and a 
 Jury. Finch, although as Attorney-General, he had 
 argued the case with so much heat on behalf of the 
 Crown, delivered the opinions of himself and the other 
 judges." 
 
 ' I am indebted to Mr. T. C. Baring for tiie reference to this 
 passage in Ranlce, wlio by a misprint malces tlie date 1633. 
 
 " The great case of The Commissioners of Sewers v. Glasse, in which 
 the rights of the commoners over the Forest wastes were established, 
 was heard by the late Sir George Jessel, the Master of the Rolls, 
 although he had previously held a brief for some of the defendants ; 
 but this was at the request of all the parties to the suit, to which there 
 were twenty-one defendants ; and perhaps there could be no stronger 
 proof of the profound confidence which was felt in the character and 
 learning of that distinguished judge. 
 
 The following is from the shorthand writer's notes at the trial : — 
 
 " The Master of the Rolls : I objected to hear this case because 
 I had a prejudice against the plaintiffs' case, and I told them so in 
 Chambers. I had been counsel for the defendants, not on the merits, 
 but on the demurrer, and I had a prejudice in favour of my own clients. 
 In the first instance I did decline to hear it on that ground ; but it was 
 very much pressed upon me, and I was told that it could not be heard 
 at all unless I consented, and therefore I reluctantly consented." 
 (Printed Notes, p. 1404.) 
 
GENERAL HISTORY. 45 
 
 After a long argument by four counsel on behalf of 
 the shire, and by the Solicitor-General for the King, 
 Finch said that he and his brothers had considered the 
 records on both sides and the points of law stated, and 
 had unanimously agreed that the presentment of the 
 bounds made at the last sitting should be enforced. 
 The presentment was then, but it seems not very 
 willingly, entered by the Earl of Holland, who said he 
 would do anything he could to mitigate the Forest law, 
 which he knew to be sharp and severe. 
 
 The above statements by the Earl of Warwick are Hist. coUec- 
 borne out by Rushworth ; who further says that the p. 1057. ' ' 
 (Forest) Court, to effect their design, did unlawfully 
 procure undue returns to be made by jurors, in joining 
 with them other persons who were not sworn ; the Court 
 also using threatening speeches to make them give a 
 verdict for the King ; and that, on the final sentence of 
 the Court, " many inhabitants were fined great sums of 
 money, or [must] forthwith depart from their houses and 
 estates, and retire out of the Forests, for that they were 
 found by verdict given against them to have encroached 
 upon the Forests." 
 
 SirSimonds D'Ewes remarks upon these transactions AutoKo- 
 that " Besides this great and dreadful wound inflicted by 
 this levy of Ship money upon the subject's liberty in 
 general, this present year, 1635, the county of Essex had 
 in particular a most heavy and fatal blow ; for the whole 
 shire upon the matter, except the hundred of Tendring, 
 which the inhabitants had enjoyed quietly for about the 
 
46 THE FOREST OF ESSEX. 
 
 space of 400 years free from Forest laws, was found to 
 be within the Forest of Havering, otherwise called the 
 Forest of Essex. It was found to be so by a jury of 
 verderers, rangers, and other forest officers ; and that 
 verdict afterwards adjudged to be good in law by Finch, 
 Joanes, Treaver, and some other judges, of which the 
 before mentioned Crooke and Hutton were none. The 
 Crown and Sceptre are free from this sad fate of that 
 county; were that judgment right or wrong, upon the 
 consciences of the jury and the judges it must rest, 
 to be determined at the last dreadful day. God of his 
 infinite mercy preserve the true religion amongst us 
 and without the intermixtures of heresy, superstition, 
 idolatry, whatsoever become of our estates and fortunes ! " 
 
 It is interesting to find that Croke and Hutton, who 
 had denied the legality of ship money, also refused to 
 support the presentment as to the bounds of the Forest ; 
 but somewhat strange that D'Ewes, who had many 
 friends in Essex, and was constantly passing through it 
 to go to his country house in Suffolk, and who from his 
 position must have known the real nature of the trans- 
 action, should throw the whole blame upon the jury and 
 the judges. 
 liT p"^]' °^ ^^^ enlargement of the Royal Forests which was 
 
 p- 16. attempted through the whole country ^ was reckoned 
 
 with the compelling of knighthood, with tonnage and 
 poundage, and with ship money, among the national 
 grievances ; and was no doubt planned and carried out 
 
 Strafford ' " ^^^ Justice Seat in Essex hath been kept this Easter week, and 
 
 Letters, 1. 413. all Essex has become forest ; and so they say will all the counties in 
 England but three — Kent, Surrey, and Sussex." 
 
GENERAL HISTORY. 47 
 
 by or with the help of Finch and others, in order to raise 
 money for the King. ^ 
 
 ' Finch was certainly a strong and unscrupulous partisan of the 
 King ; but there seems to be nothing to justify Lord Campbell in Lives of the 
 stating that he was universally execrated in his own times, and that yoi_ 2 p. jcg. 
 when on the bench he prostituted in the most shameless manner his 
 judicial duties for his private ends ; or in classing him with such a 
 vulgar ruffian as Jeffreys, or even with Scroggs. The language of his 
 contemporaries points to no such feeling against him as would have 
 been provoked by acts like theirs. 
 
 May, an impartial writer, says that " he was a gentleman of good Page 85. 
 birth, of an high and imperious spirit, eloquent in speech, though in 
 the knowledge of the law not very deepe." When, at his own request, 
 he appeared to defend himself before the House of Commons previous 
 to his impeachment, he spoke, says Rushworth, "with an excellent Vol. i, pp. 124, 
 grace and gesture. Many were exceedingly taken with his eloquence '^^• 
 and courage ; and it was a sad sight to see a person of his greatness, 
 parts, and favour, appear in such a posture, before such an assembly, 
 to plead for his life and fortune." 
 
 On his impeachment the principal charges against him related to Rushworth, 
 his conduct about the Forests, and about ship money. There were ^ol- ^ P; '36- 
 also accusations of misconduct in his office of Chief Justice, and a Hargrave, ' 
 general charge (which seems to have been the foundation of Lord vol. 7, p. 314. 
 Campbell's statement) that for his private benefit he had endamaged 
 and ruined the estates of very many of His Majesty's subjects, contrary 
 to his oath and knowledge. But only one instance of corruption is 
 specified. The impeachment was presented three weeks after Finch, 
 considering with what impetuosity and violence everything was 
 managed, got up early on the morning after it was resolved to impeach 
 him, and escaped in disguise into Holland ; and it would of course be 
 most unjust to assume the truth of all its contents. 
 
 Lord Falkland, who managed the impeachment, said little or Rushworth, 
 nothing about the charges of private corruption. His speech was '^'^- '> P- '39. 
 for the most part an echo of the impeachment ; but in one part of 
 it he neatly summed up the effisct of Finch's public acts, by remarking 
 that " he gave our goods to the King, our lands to his deer, our 
 liberties to his Sheriifs ; so that there was no way by which we had not 
 been oppressed and destroyed, if the power of this person had been 
 equal to his will, or that the will of His Majesty had been equal to his 
 power." 
 
48 
 
 THE FOREST OF ESSEX. 
 
 Morant, I. 
 
 Id. I. 245. 
 
 Id. I. 319. 
 
 Camb. MS. 
 Harl. MSS. 
 6853, fo, 589. 
 
 History, 2. 
 197- 
 
 Eng. Vers. 
 2-34- 
 
 Rushworth, 
 4. 206. 
 
 The Forest Courts do not appear to have attempted 
 to enforce these judgments. No officers were appointed, 
 or presentments made, in the districts to which they 
 related, the sole object apparently being to extort money 
 from the owners of the afforested lands. This had been 
 already done before Charles' advisers obtained a formal 
 judgment as to the bounds of the Forest — for in the time 
 of Elizabeth (1563) Sir Henry Appleton and others paid 
 to the Crown 500/. for the disafforestation of the manors 
 of Jarvis Hall (6,660 acres) and South Bemfleet (3,000 
 acres), the farm of Leigh Park (180 acres), and other 
 estates in the hundred of Barstaple, and there were 
 doubtless other like transactions. In the same hundred 
 Paul, Viscount Banning, after 1625, compounded for his 
 manor of Vange at Noke ; and, amongst many such 
 transactions after the judgment of 1635, the Governors 
 of the Charterhouse, in 1638, compounded for South- 
 minster and other manors in Rocheford hundred; Sir 
 William Marten for the manor and parish of Nettlewell 
 in the hundred of Harlow; and in 1639, Francis Stonard 
 for the manor of Steeple Grange in the hundred of 
 Dengie. 
 
 It was not until the year 1640, when large sums 
 must have been raised by many payments of this kind — 
 it is said by Ranke, that in Essex alone they amounted to 
 300,000/. — that the King attempted to retrace his steps. 
 On the 1 6th March in that year, being just four months 
 after the meeting of the Long Parliament, the Earl of 
 Holland signified to the House of Lords, that the King 
 had commanded him to let them know " That His 
 Majesty, understanding that the Forest laws are grievous 
 
GENERAL HISTORY: 49 
 
 to the Subjects of this kingdom, his Majesty, out of his 
 Grace and Goodness to his People, is willing to lay down 
 all the new Bounds of his Forests in this kingdom ; and 
 that they shall be reduced to the same Condition as they 
 were before the late Justices Seat held." 
 
 Accordingly, in the same year an Act was passed by i6Car.i,c.i6. 
 which it was declared that from thenceforth the meets, 
 meers, limits and bounds of all the Forests should be 
 taken to extend no further than those commonly reputed, 
 used or taken in the 20th year of the reign of James I. ; 
 and all subsequent presentments, and all perambulations, 
 surveys, extents, and other acts theretofore made, by 
 which the bounds of the Forest were further extended, 
 and all presentments and fines by reason of them, were 
 declared void. And no places where no Forest Courts 
 had been held, or verderers chosen, or regard made, for 
 sixty years next before the first year of the reign of 
 Charles I. were to be taken to be within the Forests. 
 
 Inquests were to be held for ascertaining the proper 
 bounds ; the returns were to be taken into the Court 
 of Chancery ; and all places beyond the certified bounds 
 were to be as free as if they had never been or been 
 reputed to be forest. 
 
 Another clause in effect confirmed all charters of 
 disafforestation made since the 20th year of James I., 
 though no relief was given to the unfortunate persons 
 who had been fined and had paid for charters of dis- 
 afforestation after the late extension of boundaries. 
 Finally, the Act contains a clause saving to the owners 
 and occupiers of lands left out of the Forest, such rights 
 of common as anciently or accustomably they had enjoyed, 
 
50 
 
 THE FOREST OF ESSEX. 
 
 st.s. 
 
 Petty Bag 
 Office, 17 
 Car. I. 
 
 notwithstanding anything in the present Act, or any Act 
 or ordinance in 33 Edward I., or any custom or law of 
 the Forest or other thing to the contrary. 
 
 Almost immediately after the passing of this Act a 
 perambulation was- made by virtue of a Commission under 
 the Great Seal, directed to the Earl of Warwick and 
 forty-four other Commissioners. The boundaries shown 
 in the map, and set forth in the Appendix, agree almost 
 exactly with those laid down in 1301, except that they 
 omit the liberty of Havering, and the demesnes of King's 
 Wood, Writtle, and Hatfield. By the almost supernatural 
 powers of an Act of Parliament, these boundaries became 
 in contemplation of law, the boundaries for times past as 
 well as for those to come, and they so remained until the 
 disafforesting in 1851 of the Forest of Hainault. 
 
 Thus ended a controversy about the bounds of the 
 Forest, which had lasted from the time of King John. 
 
 Scobell's 
 Acts, 1653, 
 c. 26. 
 
 The whole Forest was in no small danger of extinc- 
 tion during the Commonwealth. On the 2 2nd November, 
 1653, the Long Parliament passed an Act vesting all 
 forests and all honours and lands within their precincts 
 and perambulations belonging to the late King, his 
 relict or eldest son, and all royalties, privileges, &c., 
 belonging to them, in trustees, to be sold for the benefit 
 of the Commonwealth. 
 
 The trustees summoned all persons pretending to 
 have any interest in the Forest of Waltham to put in 
 their claims, a great number of which were accordingly 
 sent in. But Cromwell in the following year took the 
 matter out of the hands of the Parliament, and soon 
 
I'o ^(7/x; pci/c ■'JO. 
 
GENERAL HISTORY. 51 
 
 afterwards we hear less of the Commonwealth and more 
 of the Protector. In 1654 an ordinance was made by ScobeU's 
 " his Highness the Lord Protector, by and with the advice 
 and consent of his Council," that Commissioners should 
 be appointed by his Highness under the Great Seal to 
 survey all the late King's Forests, according to the peram- 
 bulations made in 17 Car. -I., and to consider how the 
 same might, both for the present and the future, be best 
 improved and disposed for the benefit and advantage of 
 the Commonwealth. They were directed to make minute 
 inquiries into the situation of the Forests, and the public 
 and private rights in them, including rights of wood and 
 pasture ; and to hear and determine claims of rights and 
 interests; to make allotments in satisfaction of them, and 
 for highways, and to treat for the disafforestation of 
 afforested lands. 
 
 The Commissioners — Widdrington, Whitelocke, state Papers, 
 Sydenham, and Montagu — recommended that the Forest ten-egnum, 
 rights of his Highness should be restored, and the Courts Bundle 652, 
 re-established. They reported to the Council, that the °' *^*' 
 Forests being already by Act of Parliament vested in 
 trustees to be sold for certain uses, " and the said trustees 
 conceyving themselves lymitted to dispose in that way 
 and to these ends and noe other" (although it was impos- 
 sible then to put the Act in execution), there was a doubt 
 of the title, and difficulty either in selling or leasing, and 
 great uncertainty as to the profit to his Highness and the 
 Commonwealth by selling or leasing the Forests, by reason 
 of the claims of interests to be satisfied. It was therefore 
 suggested that four Forests should be sold by way of 
 experiment, and that as to the rest, " Lawn es .and Inclo- 
 
 E 3 
 
THE FOREST OF ESSEX. 
 
 sures belonging to his Highness should be let from year 
 to year at the best rates that could be got for them ; that 
 fellible coppice woods should be preserved till fit for sale, 
 and then sold ; and that for finding out and restoring his 
 Highness' rights in Forests, preservation of timber, punish- 
 ment of wastes, spoiles, incroachments, and other tres- 
 passes committed within the Forests, officers belonging to 
 Forests, where any were wanting, should be supplied; that 
 the Wardens, Lieutenants, and other chief officers of the 
 forests should be ordered forthwith to cause Courts of 
 Attachments and Swainmott Courts to be kept, in order 
 to a Justice in Eyre's seat; and as soon as conveniently 
 it might there should be a Justice in Eyre's seat." 
 
 The restoration of the Forest system thus advised 
 by the Commissioners was not effected during the short 
 remaining period of the Commonwealth. After the 
 Restoration, the Courts and their machinery were re- 
 newed for a short time in 1670 ; but the principal Courts 
 again fell into disuse ; and the Court of Attachments, 
 with the staff of Ministers of the Forest, remained until 
 the middle of the present century, as the only repre- 
 sentatives of the ancient form of government. 
 
 Here therefore, I leave, to be resumed in connection 
 with the subjects of the succeeding chapters, the general 
 history of the Forest, that I may describe its laws, its 
 Courts, and its Ministers ; the wild animals which fre- 
 quented it, and how they were preserved and hunted and 
 otherwise persecuted; and the customs which affected 
 the Forest lands and their owners. 
 
( 53 ) 
 
 CHAPTER II. 
 The Laws and Courts of the Forest. 
 
 " Ask, to the Forest Laws, what man gave birth ? " ' 
 
 HE Capitularies of Dagobert, dated in the 7th, 
 and of Charlemagne, and Louis the Debonnaire 
 early in the gth centuries, contain many scattered regula- 
 tions concerning the Royal Forests in France to which I 
 shall hereafter have occasion to refer, and which are thus 
 summarized by Houard : " The King's Foresters had the Coutumes 
 
 •' . ° Anglo - 
 
 duty of preserving the Forests ; they had power to make Noraiands, 2. 
 
 assarts in places proper for cultivation, and were to see 
 
 that no lands were put under cultivation in which woods 
 
 flourished. All the game was under their care. They 
 
 received the service of sparrow-hawks or other birds fit 
 
 for hawking, which were due to the King. They let out 
 
 the pannage to farm. From time to time the King's 
 
 hunters visited the Forests, and held council there, and 
 
 the Foresters were bound to conform to their regulations. 
 
 They kept account of those who had taken wolves in 
 
 traps, or with hounds. The hunting of wolf cubs, took 
 
 ' Peter Pindar. 
 
54 THE FOREST OF ESSEX. 
 
 place regularly every year in the month of May. The 
 Forester was subordinate to the Compte. This officer 
 also had the care of the Royal Fisheries, and saw that 
 none exceeded the rights of chace granted to him by the 
 Prince." 
 Houard, Diet. Thesc laws Were preserved by the Dukes of Nor- 
 
 de la Coutume ^ •' 
 
 de Normandie mandy, and with additions and modifications, may have 
 
 Forets, Art. I. -" ■' 
 
 been transplanted into England as well before^ as after 
 the Conquest. 
 
 But it does not follow that the English Forest laws 
 were entirely derived from them. In a country like 
 England, full of woods and wastes, and governed by 
 Kings who delighted in hunting, Forest regulations may 
 very well have had an independent origin ; and that such 
 regulations existed here at a very remote period is shown 
 by a passage in the Forest law attributed to Canute, which 
 j™' is certainly of great antiquity, and which speaks of a 
 
 regulation as then existing ab antiquo. 
 
 ■^'' '• ^'" The author of the Dialogues of the Exchequer says, 
 
 with truth, that the rules of the Forests, and the punish- 
 ments or acquittals of offenders in them, were kept wholly 
 apart from the other judgments of the kingdom, and 
 submitted to the will of the King alone, or of some 
 adviser of his specially deputed for the purpose. He 
 adds that the laws of the Forests were considered to rest 
 upon the voluntary institution of princes. In this view 
 
 * Alcuin, the favourite instructor of Charlemagne and his Court, 
 was an Englishman, who had been sent by Offa, King of the Mercians, 
 Cait. Sax. I. on an embassy to Charlemagne ; and the latter was in correspondence 
 m- with Oifa in the latter part of the 8th century. 
 
THE FOREST LA WS AND COURTS. 55 
 
 he is apparently followed by the Bishop of Chester, who 1^^^^^^^^° 
 observes that the legal enactments of Henry II. were ^oi. 2. cxviii. 
 passed in the presence or by the advice of the arch- 
 bishops, bishops, abbots, and nobles ; that there was a 
 well-drawn line between the common law of the kingdom 
 and the Forest jurisdiction, which was the arbitrary rule 
 of the Sovereign ; and that the very maintenance of the 
 form was a protest against despotism. ' 
 
 It may be, and probably is the fact, that many of 
 the Forest regulations were brought into or made in 
 England by the sole authority of the Kings and of their 
 Forest officers. But if it was intended to say, that the 
 form of passing the general laws of the kingdom in the 
 presence of the kings, councillors, or great men, dis- 
 tinguished those laws from the general forest laws, 
 this is inaccurate ; because both before, and in, and after 
 the time of Henry II. general laws for the Forests 
 were made nominally by the advice of the King's 
 Councillors, in the same manner as the other laws of 
 the realm. 
 
 Assuming for the moment the authenticity of Canute's 
 Forest laws, they begin thus : 
 
 " These are the regulations of the Forest, which I constitutiones 
 
 de Foresta. 
 
 Canute the King establish and make with the advice of 
 my chief men." 
 
 The laws of Henry II. : 
 
 "This is the assise of our Lord Henry the Kins", Assises of 
 
 ■' ° Woodstock 
 
 son of Matilda, m England, concerning his Forest and (1184). 
 hunting, by the advice and assent of his Archbishops, Rog.deHove- 
 Bishops, and Barons, Earls, and nobles of England, at (m!'r. ser",' 
 
 Woodstock." cm.id.' 
 
56 THE FOREST OF ESSEX. 
 
 And again, those of Richard I. : 
 AssisaReg. " This is the assise of the lord the King, and these 
 
 tis(ii98), the rules of his Forests in England, made with the 
 p. 784, vol. 4, consent and advice of his Archbishops, Bishops, Abbots, 
 Ser.f. ' ■ Earls, Barons, and Knights of his whole kingdom."^ 
 An. 123s, We also find that a dispute, which closely touched 
 
 Monastici, the personal interests of the King, as to the respective 
 Ser.). ■ ■ duties of the Chief Justice of the Forests and the bailiffs 
 of the King's demesnes in respect of vert and venison, 
 was settled before Henry III,, the Archbishop of Canter- 
 bury, and the other magnates of the King's Council. 
 
 And in later times the Forest laws were often limited 
 and altered by Parliament both in favour of and against 
 4th Inst. 319. the interests of the Crown ; and it was therefore rightly 
 said by Coke that " the laws of the Forests of England 
 are certain and established by authority of Parliament, 
 and not as in other countries changeable and floting in 
 uncertainty ad principis placitum." 
 
 Much of the hardship suffered by the inhabitants of 
 the Forests arose from the arbitrary regulations of the 
 Forest officers, and from the manner in which they 
 enforced the laws, as much as from the laws themselves. 
 This appears from various ordinances, by which relief 
 was given against demands not directly authorized by 
 the general Forest laws, and by the proceedings of the 
 Forest courts. 
 
 For. Laws of ' It is true, that in each of these bodies of law the King speaks ais 
 
 Canute, xxx. the maker of the law ; but the same form occurs in some of the 
 
 ahdRich'd. I, general laws of the kingdom. In the Assise of Clarendon (1166) the 
 
 passim. phrases "vult dominus rex" and "prohibet dolninus rex" are quite 
 
 Ben. Abb. common. 
 2. cxhx4 
 
THE FORSST LA WS AND COURTS. 5 7 
 
 The complaints of John of Salisbury in the reign of poiycraticus, 
 Henry 11. appear to be directed to oppressions of this ' '" '^^^' ''' 
 kind. " It was strange," he said, " that it should be a 
 crime, punishable by loss of goods or limbs, to make 
 traps for birds, to set snares, to entice them by call 
 or pipe, or to over-reach them by other arts. The 
 birds of the air, and . the fishes of the sea, one might 
 suppose to be common, but they belong to the State, 
 and the Forest law claims them wheresoever they fly. 
 . The husbandmen are kept from their fields 
 so that the wild beasts may roam over them. That these 
 may have the more space for grazing, the soil is taken 
 from the cultivators, the newly sown grounds from the 
 farmers, the pastures from the herdsmen and shepherds ; 
 the beehives are shut out from the flower beds,^ and the bees 
 themselves are scarcely allowed their natural liberty." 
 
 It is certain that these complaints were, for the most 
 part, well founded. The fish of the sea, it is true, were 
 not subject to the Forest laws, although the Crown had 
 a prerogative right to whales and sturgeon.^ But there Cust. and 
 was a rule, that all the metes of the Forest belongwhoUy to Forest, Ruff- 
 the King, so that where a river was a "Forest bounder," v.^^10, p.' 26^ ' 
 
 Harl. MSS. 
 No. 6839, 
 
 ' So that the bees might be driven to take shelter in the woods, Art. 40. 
 where the honey would belong to the King. 
 
 The word " floralibus," used by the writer, probably refers to places 
 planted with flowers for the feeding of bees, which were largely cultivated. 
 
 In a Charter purporting to be of the 7th century, land is granted Cod. Dipl. 
 "cum . . . pascuis apium." The services due from the bee rart''s 
 farmer to his lord in the loth century, are set forth in the Reciitudines No. 25. 
 Singularum Personarum, 
 
 ' The sturgeon wholly belonged to the King ; but as to the whale, Britton, 
 
 the ancient usage was that the King should have the head, and his ^- '8' § 4- 
 
 , ,, , ., Bracton,liD.3. 
 
 consort the tail. Ee Corona, 
 
58 THE FOREST OF ESSEX. 
 
 the whole river was the King's, and none ought to fish 
 therein without licence. 
 
 Many of the Essex grants and claims included the 
 Duch.ofLanc. right of fishing in the waters of the manors : and the 
 
 Misc. Rec. . 
 
 PI. For. Abbot of Waltham claimed, under such a grant, a right 
 
 to fish in the river Lee, which was a Forest " bounder." 
 M. Par. The concessions made in the supposed Forest Char- 
 
 Chron. Maj. ^'^ 
 
 vol. 2, p. 6oi. ter of John, and in that of Henry III., that every freeman 
 
 WiUdns, ... 
 
 p. 372. might have in his woods his eyries of hawks, as well 
 
 sparrow-hawks ^ as falcons, eagles and herons, and the 
 honey found in his woods, also show that these had been 
 previously claimed on behalf of the King. 
 
 32H. 8, c. ir. A statute of Henry VIII., which prohibited the 
 
 taking of the eggs and young of falcons, may account 
 
 Hari. Mss. for the directions to the Regarders, and for the inquiry 
 
 No. 6839, fo. fe » ^ J 
 
 26r, Art. 27. to be made by the Grand Jury in Waltham Forest, in 
 
 1634, "Whether any have taken hawks in the Forest 
 
 Duch. of without licence." But the ancient claim of the Crown 
 
 Lane. Misc. 
 
 Rec. 4 H. 7. to honey in the Forest woods may be traced in the claim 
 
 of the lords of the manor of Wanstead, in 1489, to the 
 
 Manwood, profits of becs, honcy, and wax, in Wanstead wood ; ^ and 
 
 p. '226, \ IS, in the charge at the Swainmote (which probably followed 
 
 Justice seatf an old form), "Item, if any man do take out of the 
 
 hollow trees any honie, wax, or swarmes of bees within 
 
 the Forest, yee shall do us to weet." 
 
 Exchequer Again, almost 500 years after the time of John of 
 
 Bills and 
 
 Capit. Reg. ' Hawks and sparrow-hawks were to be provided for the use of 
 
 FrMic. Charlemagne by his foresters. A regulation, that to ensure a supply 
 
 vol. I, col. 336. for the King no private person should take the hawks in his woods in 
 
 the Forests, would be a natural consequence of such a law. 
 Lond. Gaz. ^ The lord of the manor of Minestead in the New Forest claimed in 
 
 1 52, p. 3 57. jgj2 the honey found in his woods. 
 
THE FOREST LA WS AND COURTS. 59 
 
 Salisbury, Sir Bernard Whetstone, lord of the manor Answers, 
 of Woodford, in Essex, in his answer to the suit of No.' 265. 
 the Attorney- General for making illegal fences, draws 
 a picture of the losses caused by the deer to himself 
 and his tenants, which, if it was accurate, leaves 
 very little ground for charging the satirist with ex- 
 aggeration. They were forced, he said, to give over 
 ploughing and sowing their arable land, of which the 
 greater part of the demesnes of his manor consisted. 
 He was still obliged to pay composition wheat and oats 
 for the King's household, though not a foot of the 
 demesnes had been ploughed for the last ten years, by 
 reason of the number of deer which would utterly destroy 
 the corn ; and the cessation of ploughing caused the in- 
 crease of the deer, by reason that the barren and dry 
 fallows were converted into sweet and fresh green pas- 
 tures to layer and feed the deer. 
 
 The code of Forest laws which is attributed to Canute 
 is the earliest known in England. It is also the only 
 body of English Forest law which is complete in itself; 
 and as it purports to have been made both for the Eng- 
 lish and the Danes, who had many settlements in Essex, 
 the Forest of that county must at one period have been 
 governed by it, unless, as some writers have insisted, it 
 is a forgery. 
 
 . Its authenticity was long since disputed by Coke, 4th inst. 320. 
 and though it has been quoted by many learned writers 
 — by Spelman, Sharon Turner, Palgrave, Ellis, Kemble, 
 and Lappenberg — without any expression of doubt, Mr. Norman Con- 
 Freeman also pronounces it to be a forgery, probably of ^rs, p."4s6. 
 
6o THE FOREST OF ESSEX. 
 
 the time of Henry I. ; designed, as he says, to employ 
 the venerated name of the great Dane, to shelter the 
 legislation against which men cried out.* 
 
 I shall presently consider the reasons given both by 
 Coke and Freeman for these conclusions. 
 ^o]'5^ni-\' '^^^ Code, as we have it in Latin, is printed in 
 
 Sp. Alt. HoHnshed's Chronicles from a copy which was in his pos- 
 
 (t Foresta " . 
 
 Thorpe, vol. I, session; and also in Spelman's Glossary, and in Thorpe's 
 
 ^' ■ Ancient Laws and Institutes ; but I have been unable to 
 
 ascertain where any more ancient copy, or the original 
 is to be found. It consists of thirty-four sections written 
 in concise language, and clearly and skilfully arranged. 
 The first twenty sections provide for the government of 
 the forests by fifty-two officers in each province of the 
 kingdom. Four of these, called the chief men (primarii) 
 of the Forest, were to be taken from the higher class of 
 freemen, called by the English thanes (thegenes), and 
 were to be persons who knew the customs. 
 
 \\ i. X. They were to administer justice both to English and 
 
 Danes, and to determine civil and criminal matters 
 affecting the lower classes of officers ; those which affected 
 themselves being determined by the King. They had 
 
 §xi- regal powers (saving the rights of the King) ; and four 
 
 times in the year they were to hold Forest meetings and 
 inquiries into offences relating to vert and venison, (called 
 " muche-hunt," i. e. the great hunting,) to which all accu- 
 sations concerning any thing done in the Foi'est were to 
 be brought, and submitted to the threefold ordeal. Each 
 
 Const. Hist. ' The Bishop of Chester also says that the work is spurious, or so 
 I. 200. much interpolated as to be without value, and refers to the objections 
 
 of Maurer and Brunner. 
 
THE FOREST LA WS AND COURTS. 6 1 
 
 of these chief men had yearly for a fee, from the King's § vi. 
 stores/ two horses, one with and the other without a 
 saddle, one sword, five lances, a spear, a shield, and two 
 hundred shillings of silver. 
 
 Under each chief man, were four of the next class of §§ "• iu-vii. 
 officers (mediocres), called in English lesser thanes (les As to the 
 thegenes), and in Danish yoongmen, who had the care thaimisofthe 
 of the vert and of the wild beasts, but were not to inter- see Seid. tu. 
 fere with the administration of justice. These were 
 always to be accounted freemen, such as the Danes 
 called Ealdermen; and each had for his yearly fee a 
 horse, a lance, a shield, and sixty shillings of silver. 
 
 It may be inferred that they were chosen from the 
 lowest order of freemen, called Twyhynde men or ceorls, § xxxiii. 
 their wer-gild being, according to a later clause, of the Thorpe, Anct. 
 same value, (two hundred shillings,) which was fixed for 484- 
 that class. 
 
 Under each lesser thane were two of yet lower rank, k iv. 
 (minuti), whom the English call " Tinemen" (A.-S. Tyn fg^^^^^^'^^o. 
 =ten), perhaps the chief of an association of ten men.^ n'^d'n'and 
 To them was given the care of vert and venison by night, references in 
 as well as servile duties. If any of them were a serf he -A-^ct. Laws, 
 
 ■^ _ vol. 2 Gloss. 
 
 was to become free as soon as he was placed in the Maurer, in- 
 
 . . , . quuy into 
 
 Forest; and all these were mam tamed at the Kmg's cost. a.-s. Mark 
 Each of them had a lance, a crossbow^ (arcubalistam), and § v. 
 fifteen shillings of silver. 5 ^• 
 
 ' Here the Code has "quos Angli vocant Michni" ; of which last 
 word, though I have sought the help of several learned persons, I can 
 find no satisfactory interpretation. The word is probably corrupt. 
 
 * " And we will that every freeman be brought into a hundred and 
 into a tithing who wishes to be entitled to the right of purgation, and 
 to his wer in case any shall slay him after he is twelve years old." 
 
 ' It is, perhaps, doubtful whether the crossbow was used in England 
 
62 THE FOREST OF ESSEX. 
 
 § ix. All these officers were freed from the burdens of the 
 
 hundred law, from war scot, and from suits by strangers. 
 
 The provisions for their appointment bring us to the 
 first of Mr. Freeman's objections to the whole Code. 
 "What," he says, "can be made of such a state of 
 society as we find there ? First we hear (c. 2) of medi- 
 ocres honiines quos Angli * les thegenes,' nuncupant; 
 then (c. 3) of liberales quos Dani ' Ealdormen' appellant ; 
 then (c. 4) of minuti homines quos ' Tinemen ' Angli 
 dicunt ; lastly (s. 12) of liberalis homo, i. e. ' thegen'." 
 
 The Code is certainly not open to this criticism. 
 Mr. Freeman begins by citing the second clause ; but 
 if he had begun with the first, he would have found in it 
 the liberalis homo, the "thegen" or thane of clause 12, in 
 his proper place in society, if the Code is dealing with 
 grades of society ; or in his proper rank as a Forest 
 officer, if tha,t be the meaning.^ And the mediocres, in 
 
 in Canute's time. The word " arblaste " occurs in the description of 
 MS. Cott. ^ fray which happened in 1078 or 1079, the last years recorded in one 
 Tib. B. iv. of the MSS. of the Saxon Chronicle ; see Ingram's Edition and the 
 M. R. Series. 
 
 Mr. Jenner, of the British Museum, who has examined the original 
 
 MS., informs me that the handwriting is considered to be of the latter 
 
 part of the i ith century. It is, therefore, nearly contemporary with 
 
 the period mentioned in the record ; and some time must have elapsed 
 
 before the word " arcubalista," used in Canute's Code, became corrupted 
 
 Sir H. EUis, into " arblaste." The intermediate form " arbalistarii " is used in 
 
 fctrod. to Domesday. It is, therefore, not impossible that Canute's Tinemen 
 
 91. ' may have been furnished with crossbows ; but it may be that at the 
 
 somewhat later date of the compilation of the Code, the crossbow was 
 
 common, and the officers in question were actually armed with it. 
 
 ^ The primary meaning of the word "thegen" is a minister or servant ; 
 and it is remarkable that almost everywhere in the old records of this 
 Forest its officers are called " ministers of the Forest." As to the 
 duties and dignities of the different classes of Anglo-Saxon thanes, see 
 Selden's Titles of Honor, and Thorpe's Ancient Laws, Glossary. 
 
THE FOREST LA WS AND COURTS. 63 
 
 English "lesthegenes," of clause 2, are the same persons 
 of whom in clause 3, it is declared that they are always to 
 be accounted liberales or freemen ; a direction which is 
 repeated in clause 5 as to the minuti or lowest class of 
 Forest officers ; the intention being that all of them, from 
 the highest to the lowest, should have the status of free- 
 men. The Danish name, " yoongmen," which is also 
 given to the mediocres in clause 2, perhaps refers to their 
 character of Forest officers ; that of " Ealderman," in 
 clause 3, indicating their position as freemen; for the See§xxi. 
 Ealderman with the Danes was a person of much less saxons in 
 
 1 1 A 1 <-. England, 2. 
 
 importance than among the Anglo-Saxons. 149. 
 
 The punishments prescribed by the Code are care- 
 fully graduated. False testimony and violence against §xiv. 
 the chief Forest officers were punished, the former by 
 loss of right to testify and by a fine of 105. ; the latter by § xv. 
 loss of liberty and goods in the case of a freeman, and of 
 the right hand in the case of a serf for the first offence ; 
 and to each death for a second offence. Penalties are §xvi. 
 prescribed for breaches of the peace in the Forest ; and § xvii. &c. 
 it is declared that the punishments of the free and the § xxi. 
 unfree, the lord and the serf, the well known and the 
 obscure, were not to be alike ; nor were those for civil 
 and criminal matters ; for beasts of the Forests and Royal 
 beasts ; for dealings with matters relating to vert {i. e. 
 trees and shrubs) and hunting ; the latter, says the Code, 
 having of old been among the greater offences which 
 deserve punishment ; while those against vert (save that 
 they were breaches of a Royal Chase) were hardly thought 
 worthy of notice. 
 
 The law was very severe as to offences against §§ xxii.— xxv. 
 
64 
 
 THE FOREST OF ESSEX. 
 
 § xxvi. 
 
 See Selden, 
 Titles of 
 Honor, 518. 
 
 venison. For causing a beast of the Forest to run 
 (either by chance or intention), so that it panted for 
 breath, a freeman was fined los., one not free 20^., and a 
 serf was scourged.^ These penalties were doubled if 
 the beast was killed. But for chasing a Royal stag, so 
 that it panted, the freeman was imprisoned for a year, 
 the unfree for two years, and the serf became an outlaw, 
 in the expressive Anglo-Saxon a " frendlesman." If 
 the beast were killed the freeman lost his freedom, the 
 unfree his liberty, and the serf his life. 
 
 Bishops, abbots, and king's thanes were not to be 
 prosecuted for hunting if they did not kill Royal beasts ; 
 if they killed them, they were punishable at the pleasure 
 of the King. In the Code, the words used here are 
 "Episcopi abbates et barones mei." The 'word barones 
 may be suspected as an anachronism, but it was no 
 doubt introduced by the translator as the equivalent of 
 King's thanes, as it is in a parallel passage in the laws 
 of Edward the Confessor. 
 
 Laws of Ine, 
 § 5, and see 
 Laws of 
 Edward and 
 Guthrum, 
 §§ 7, 8. 
 
 The laws relating ^to the wild and other animals, 
 and to the offences against vert within the Forests, are 
 noticed in other chapters. The former are not classed 
 after the manner used by the Normans; and it is 
 
 ' It has been said, I suppose on the authority of the words " careat 
 corio " here used, that under Canute's law offenders were ordered to 
 be flayed alive. Such a meaning is absurd, as well as improbable ; for 
 the Code would then inflict this horrible punishment for a small 
 offence, while greater crimes were more lightly visited. The expres- 
 sion, that an offender "shall pay with his hide," i.e., be scourged, is 
 to be found in several of the other codes of the Anglo-Saxon period. 
 "If any one put his hide in peril, and flee to a church, be the scourging 
 forgiven him." 
 
THE FOREST LA WS AND COURTS. 65 
 
 remarkable that throughout the Code there is neither 
 mention of nor allusion to the fence month, which was 
 one of the principal institutions of the Norman Forest 
 system. 
 
 Upon the rights of hunting in the Forest as ex- 
 pressed in this Code, Sir E. Coke grounds his opinion, 4th inst. 320. 
 which Mr. Freeman appears to adopt, that it is not 
 authentic. The Code declares that every freeman shall § xxx. 
 have at his will rights of venison or vert in his plains 
 on his own lands, but without right of chace ; whereas, 
 by one of Canute's secular laws, which Coke con- §ixxxi. 
 siders to be the true law, and which is repeated in 
 the laws of Edward the Confessor, the land owner De Hereto- 
 
 has the rights of hunting both in his woods and his a.-s. Laws, 
 
 1 • 205. 
 
 plams. 
 
 It is surprising that these regulations should be 
 thought to be inconsistent. It appears on the contrary 
 that the variation between them supports the authenticity 
 of the Forest law. The latter relates to what might be 
 done within, and the secular law to what might be done 
 beyond the bounds of the Forest. In the one case the 
 beasts might be killed on the Forest plains, that is, the 
 open unwooded spaces, by means of such noiseless 
 artillery as was then in use ; and hunting was forbidden 
 lest the deer should be disturbed in the woods : but in 
 the unafforested districts no such restriction was neces- 
 sary. 
 
 Each of the regulations as to the right of hunting, can.Sec. §8r. 
 in the secular and Forest laws of Canute, and in that of Ed"'conf.^^°' 
 Edward the Confessor, ends with a warning against ^^^^' ^°^' 
 trespassing upon the rights of the King where he might 
 
66 THE FOREST OF ESSEX. 
 
 wish to have his hunting ; and this has been used as an 
 argument in support of the pretended general right of 
 the Kings to afforest the lands of their subjects. It is, 
 however, a claim to hunt and not to afforest ; it may 
 refer to a right to hunt, either upon waste lands not made 
 into forest, or upon Icen lands in which the subject had no 
 permanent estate ; or possibly to an ancient prerogative 
 claim of the British Kings to hunt over their subjects' 
 lands, such as that which was plainly asserted in the 
 See ch. III. ancient laws of Wales.^ And perhaps some of the regu- 
 
 inf. Rangers. . r Jr- e> 
 
 lations as to the King's hunting in the purlieus of the 
 Forests may be founded upon this ancient claim. 
 
 Upon the whole I see no reason to doubt that the 
 Code is a late Latin version or compilation of Anglo- 
 Danish Forest laws, which were themselves founded upon 
 ancient regulations or customs. In some respects it re- 
 sembles the Norman Forest laws. In each there was a 
 separate establishment of judges, who held Courts, made 
 inquiries, punished offences, and were invested with 
 supreme authority over all Forest matters; and subor- 
 dinate officers, discharging duties which in later times 
 were performed by regarders, foresters, and other 
 ministers. In each also there were severe, though not 
 identical punishments for breaches of the Forest laws, 
 and regulations respecting the keeping and mutilation 
 of dogs in the Forests. 
 
 ' Dimetian Code (S. Wales), bk. ii. c. xiii.— "It is free for the King 
 to hunt everywhere in his country;" Leges Wallice, lib. 2, c. xxv. 
 § 6 — Licitum est regi ubique venari per suam terram; and Leges 
 Howeli Boni, lib. i, c. xv. § i, in almost the same words. 
 
THE FOREST LA WS AND COURTS. 67 
 
 The literary forger almost always betrays himself 
 by errors of time or place, or by other inconsistencies, 
 such as those which I have pointed out in the pretended 
 charter of Edward the Confessor, mentioned in the last 
 chapter : but with the slight exceptions which I have 
 already noticed and explained, I can find none in this 
 Code. 
 
 This opinion in no way clashes with the remarks of 
 Spelman and of Dr. Brunner^ on the Norman character 
 of the legal terminology of the Code, which appears to 
 me to bear internal evidence that in its present form it is 
 the work of a Norman. 
 
 As in the Capitularies of Dagobert and many other See Codex 
 
 T • 1 • II' Dipl. passim. 
 
 ancient Latm documents, native words are here intro- 
 duced by way of explanation, where the exact meaning 
 could not be expressed in Latin ; a circumstance which 
 affords strong evidence that the contents of the document 
 were derived from a native source. The writer of this 
 Code, after using the Latin word, invariably adds " which 
 the Angles " or " the Danes " (as the case may be) call 
 by such a name ; as, for example, " canes quos Angli 
 ' greihounds ' appellant." 
 
 He speaks as being neither an Angle nor a Dane, 
 and was therefore probably a Norman.^ 
 
 But as he refers to the Angles and the Danes as 
 distinct races, and to their languages as still in use, it 
 
 • Holtzendorff's Encyclopadie, p. 232. 
 
 ' Many of the Anglo-Saxon charters show in this way the nationality 
 of their writers : e.g., "in commune silfa q. nos Saxonice in gemennisse 
 dicimus." (Cod. Dipl. ccxli., and see id. cclxi., cclxxvli., cclxxxi.) 
 
 F 2 
 
68 
 
 THE FOREST OF ESSEX. 
 
 seems probable that the work is of a date not later than 
 the time of Edward the Confessor. 
 
 Sax. Chron. 
 An. 1087. 
 Mat. Par. 
 Chron. Maj. 
 and Hist. 
 Angl. An. 
 1085. 
 
 Rog. of 
 Wendover, 
 M. R. Ser. 4, 
 63 ; Wilkins, 
 351- 
 
 Assise of 
 Woodstock, 
 ^ I ; Stubbs, 
 Sel. Ch. 150. 
 
 William of 
 Newburgh, 
 Hist. Rer. 
 Angl. lib. I, 
 cap. 3. 
 
 I am unable to understand Mr. Freeman's sug- 
 gestion, that this Code was forged for the purpose of 
 sheltering the Forest legislation of the Normans under 
 the name of Canute. However severe Canute's laws 
 may have been, in prescribing the loss of the right hand 
 and afterwards death, for violence against the Forest 
 officers, and death for offences against the King's deer, 
 the Normans surely could find no shelter under them for 
 their own barbarities. 
 
 The chroniclers tell us that plucking out the eyes 
 was the punishment in the time of William the Con- 
 queror for slaying the stag, the roe, or the wild boar. 
 The English were "vehemently" oppressed by the 
 Forest extortions in the time of Henry I. ; and the 
 nature of the oppression is shown by the Forest law 
 of Richard I., that if any should offend and be convicted 
 in anything touching matters of hunting or of the King's 
 forests, full justice should be done upon them as was 
 done in the time of Henry the King's great-grandfather, 
 viz., that they should lose their eyes, and suffer mutila- 
 tion. The laws of Henry II. were prefaced by a similar 
 order, though the punishments were not specified. 
 
 But it was not only In vindication of the King's 
 forest rights that these savage acts were committed. 
 When we are told that in the time of Henry I. little dis- 
 tinction was made in the chastisements of slayers of stags, 
 and homicides, the writer brings as heavy a charge, so 
 
THE FOREST LA WS AND COURTS. 69 
 
 far as regards cruelty, against those who authorized the 
 punishments of the latter, as of the former.* Nor were Sax. chron. 
 homicides and stealers of deer the only persons who suf- 
 fered these punishments. In the reign of Henry I. Ralph 
 Basset and the King's thanes held a mote in Leicestershire, 
 at Huncothoe, and there hanged more thieves than ever 
 were known before, that is, in a little while, forty-four 
 men, and despoiled of their eyes and mutilated six men. 
 " Many true men," adds the chronicler, " said that there 
 were several who suffered very unjustly. First the people 
 were bereaved of their property and then they were slain. 
 The man that had any property was bereaved of it by 
 violent guilds and violent moots. The man that had not 
 was starved with hunger." 
 
 The responsibility for these cruel laws does not, how- 
 ever, rest entirely upon the Kings. I have already shown 
 that they were expressed to be made with the consent of 
 the great ecclesiastics and nobles, who enjoyed some ex- Canute f. l. 
 emptions from their severity, and had certain liberties in 
 the Forests — liberties which the Charter of the Forest 
 expressly reserved to the archbishops, bishops, abbots, 
 priors, earls, barons, knights, and other persons both 
 ecclesiastical and secular, and to the Knights Templars ch. For. § 17. 
 and Hospitallers. 
 
 The ecclesiastics had a still more substantial interest wuk. 372. 
 
 in the Forests in the shape of tithes. The Bishop of ass. 0° wood- 
 stock, § 9. 
 
 ' The punishments were not dictated by mere delight in cruelty : 
 the object was that the culprit might remain a living example. 
 " Interdicimus ne quis occidatur vel suspendatur pro aliqua culpa, sed 
 &c. ; ita quod truncus remaneat vivus in signum proditionis et nequitiae 
 sue." (Carta R. Wilhelmi Conq. de quibusdam Statutis, § 67.) Wilkiiis, 229. 
 
70 THE FOREST OF ESSEX. 
 
 6 John. cii. London in 1 204 had a grant of the tithes of such venison 
 E.?c.^' '^ ' as was taken for the King's use in Essex; and one of his 
 pf-H, R.'c. successors, Stephen, and the Dean and Chapter of St, 
 '^r^^iZ' Paul's, claimed these tithes for the bishop in i323-4> 
 although the claim was then thought doubtful ; the words 
 "before the King" being written on the margin of the roll. 
 Richard, another Bishop of London, if he be rightly- 
 credited with the authorship of the Dialogues of the 
 Dial, of Exch. Exchequer, was not ashamed to justify the payment of 
 tithes for the Forests, by the suggestion that as the greater 
 part of the payments from them came from pleas and 
 exactions, the payment of tithes seemed in some sort to 
 make amends for all illicit gains. In the reign of 
 Edward L the claim of the Bishop of Carlisle, as Rector 
 of Thoresby, to forest tithes, drew from William de Inge, 
 the Attorney-General, the sarcastic remark that the busi- 
 ness of bishops and rectors was to take care of sheep, 
 and not of wild beasts. 
 
 The cruel punishments already mentioned, and the 
 
 cutting off the hands and feet of offenders, which was 
 
 also practised in the time of the predecessors of Richard I., 
 
 were abolished by him. It seemed to the pious King, 
 
 chion. Maj. says Matthcw Paris, that it was too inhuman so to treat 
 
 An T 2 3 2 
 
 men who were created in the image of God, on account 
 of wild beasts, which according to natural law were given 
 alike to all ; and fines, imprisonment, and abjuration of 
 wiikiiis, 372. the realm were ordained in the place of them. A similar 
 decree was made by John. 
 
 Several bodies of Forest law, to which I shall have 
 
THE FOREST LA WS AND COURTS. 7 r 
 
 occasion to refer, were made after the Conquest. Of 
 these the laws made at Woodstock by Henry II. ; those 
 of Richard I. ; the famous Charter of the Forest made by 
 Henry III. ; and a code in almost the same terms, which 
 bears the name of John,^ are the most important. 
 
 ' It is considered by the Bishop of Chester, that the charter which Select 
 
 bears the name of John is only that of Henry III. with an altered ^^^'^'«''=' 338- 
 
 salutation. Luard asserts that R. Wendover and M. Paris, having M. Paiis, 
 
 omitted the Forest clauses in the Great Charter, inserted this from the Chron. Maj. 
 
 ' vol. 2. 598, n. 
 
 records at St. Albans, and put John's name instead of Henry's at the (M. R. S.). 
 
 beginning. 
 
 The facts do not appear to me to support these conclusions. 
 
 The circumstance that in each of the five places in which " King 
 Henry our grandfather " is mentioned in the charter of Henry III., 
 the same words are used incorrectly in that of John, does, at first 
 sight, raise a strong inference that the contents of the latter document 
 were copied from the charter of Henry. But the conclusion is 
 weakened when we find that Richard, who in Henry's charter is 
 correctly called our uncle, is in John's also correctly called " our 
 brother." The contents of some of the clauses are also different ; 
 and in other places, where the meaning is the same, the language 
 varies. 
 
 The disafforestations in Henry's charter include the woods afforested 
 by Richard or by John ; but Richard's afforestations only are dealt with 
 by the charter of John. The liberty given by Henry's charter to 
 certain persons to take a beast or two by view of the foresters, or on 
 sounding a horn, is unrestricted. In John's charter it is limited to 
 the occasions upon which the privileged persons are coming to the 
 King by his command, or are returning from so doing. 
 
 The charter of Henry III. contains the clause saving to archbishops, 
 bishops, abbots, priors, earls, barons, knights, and others ecclesiastical 
 and civil, and to Templars and Knights Hospitallers, their liberties and 
 free customs in the Forests and beyond them, and in warrens and 
 other places, which, except the special reference to the Forests, 
 appears in Magna Charta. But this clause is omitted from John's 
 Forest Charter. 
 
 It is clear, therefore, that there are important distinctions between 
 these documents. I think it may be inferred that a Forest Charter 
 was prepared and intended to be issued in the reign of John, and was 
 the foundation of the charter of Henry III. ; and that from the 
 
72 
 
 THE FOREST OF ESSEX. 
 
 Coutumes 
 
 Ang.-NoiTi. 
 
 2- 563- 
 
 Skene's 
 
 Regiam 
 
 Majestatem. 
 
 §11. 
 
 Cotton, MS. 
 Vesp. B. 7, 
 fo. 92. 
 
 A curious body of regulations attributed by Houard 
 to the middle of the 13 th century, is alleged by Sir John 
 Skene to be the work of William of Scotland, who began 
 to reign in 1165. It contains the provisions in the 
 English Charter of the Forest, which licensed great 
 ecclesiastics and nobles, in passing through the Forests 
 on their way to or from the King, to kill a deer or two ; 
 and it corresponds very closely with a document called 
 "Articles of Attachment of the Forests," a MS. of which 
 in the Cottonian library is in a handwriting of about the 
 time of Edward II.* 
 
 Skene's regulations, however, contain several 
 provisions which are not to be found in the Articles of 
 Attachment. In particular, they specify punishments for 
 trespasses in the Forest during the fence month, which 
 is not even mentioned in the latter document. 
 
 In the Forest of Essex, as in most of the other Royal 
 Forests, the Forest laws, from some time after the Con- 
 quest, were administered by three Forest Courts, known 
 as the Court of Justice Seat, the Swainmote, and the 
 Court of Attachments or Forty-day Court. As the 
 Swainmote always retained its Saxon name — ^which prob- 
 
 carelessness of a scribe, or some other accident which cannot now be 
 explained, the document which has come down to us as the charter 
 of John has been taken partly from one and partly from the other of 
 these documents. 
 
 ' A copy of this document in the Record Commissioners' edition of 
 the Statutes, vol. i, p. 243, is said to be taken from the Lansdowne 
 MSS., vol. 480, fo. 19s ; but the reference is wrong. Both versions 
 are probably corrupt. Ruffhead's edition of the Statutes, vol. 10, 
 Appendix, p. 25, has a very inaccurate copy of the Cotton MS. 
 Rastall's and Cay's Abridgments have also versions of the articles. 
 
THE FOREST LA WS AND COURTS. 73 
 
 ably signifies the Court of the Ministers^ — and the Court 
 of Attachments was anciently called the Woodmote, it 
 may be inferred that they both existed in some form 
 before the Conquest, and were afterwards incorporated 
 into the Norman System. Of the Ministers of the Forest 
 a more particular account will be found in the next 
 chapter. They were the chief warden or justice, with 
 assistant justices ; the steward, afterwards the hereditary 
 lord warden ; the sub-steward or lieutenant of the Forest ; 
 foresters, verderers, regarders, a ranger of the purlieus, 
 woodwards, and reeves ; the last two being offices of 
 Anglo-Saxon institution.^ There were also, in many 
 Royal Forests, King's agisters ; but except in the hun- Cotton 
 dreds of Tendring and Lexden in 1250, I have found no Duch.ofLanc. 
 notice of any in Waltham Forest ; because the Crown, pi. For. 1489. 
 for many years before the dissolution of the monasteries, 
 had no estates there. 
 
 The Forest Courts in no way interfered in questions Attachment 
 of right, between the lords of the Forest manors and i7°9!'^^ 
 their tenants; or with the right of the former to hold 
 their Courts, so that they did not meddle with Forest waidns, 372. 
 matters; but it was forbidden to any Castellain, Con- Charta 
 stable, or Bailiff, to hold pleas of the Forest either for °^^^ *> 5 ' • 
 greenhue or hunting. And when, contrary to the assise ExcH. Xreas. 
 of the Forest, the Prior of Bermondseye in 1323 held pleas 17 Ed. 2. 
 of vert in his Court, he was fined at the Justice Seat for 
 the trespass, 
 
 ' Anglo-Saxon : Swein, a minister ; but see Lye, Art. Swan. 
 
 ' We read of a Swainreeve (Swan geref) in the gth century. And Cod. Dipl. 
 
 the rights of the Woodward in the 1 oth century are set forth in the '^'^'"^• 
 
 Thorp 
 Ancie 
 Laws, I, 441. 
 
 Rectitudines Singularum Personarum. Thorp's 
 
 Ancient 
 
74 THE FOREST OF ESSEX. 
 
 The Courts also gave no protection to persons who, 
 without being properly qualified, took upon themselves 
 to deal with offences against the Forest law. 
 I"'- Jo""- An unauthorized act of this kind in Essex, is re- 
 
 5 Jiu> I* 
 
 corded in 1277, in the form of a complaint by Richard de 
 Bernstede, steward of the Abbess of Berkinge, that 
 Alexander Not of Havering entered the wood of the 
 Abbess by night, and felled an oak, value 5^, ; and the 
 jury having found that he entered the wood by day, and 
 that the value of the oak which he felled was only 2^., he 
 was ordered to satisfy the Abbess for the damage, and 
 was also in mercy for the transgression, that is, for the 
 offence against the vert. But this was condoned at the 
 instance of the King's Chancellor ; while De Bernstede 
 for making a false accusation was fined half a mark. 
 
 There was then a cross complaint against him by 
 Not; as to which the jury said that De Bernstede, finding 
 Not in the wood where he had felled the oak, tried to 
 attach him, and on his resistance, De Bernstede seized 
 and bound him, took him to Barking and imprisoned 
 him for three days, and afterwards delivered him to the 
 forester and the verderer, but did not strike him as 
 alleged. Therefore Not was in mercy. And because 
 De Bernstede was not sworn of the Forest, he was also in 
 mercy, and was to satisfy Not for the transgression. 
 
 It is not quite clear whether the meaning Is that 
 
 De Bernstede was not a sworn officer of the Forest, or 
 
 w^^^dstocic ^^^ ^^ ^^*^ "^°^ complied with the ordinance of Henry II., 
 
 § J3, Bra. that every man of the age of twelve years remaining 
 
 Series), vol. 2. <' within the peace of the hunting" {i.e. within the 
 
 jurisdiction of the Forest laws), and clerics who held lay 
 
THE FOREST LA WS AND COURTS. 75 
 
 fees, were to be sworn to the peace of the hunting. 
 
 There is little notice of this practice in the Essex records, 
 
 though it certainly existed in the Forest in early times. 
 
 The grand jury were instructed at the Essex Forest Hari. ms. 
 
 Courts, to inquire whether the rule had been observed; art%'^ ' 
 
 and in answer to the justices' inquiries in 1630, it was ch.For.Proc. 
 
 found that " the custome of swearinge the inhabitants of No. 153'; and 
 
 see Camb. 
 
 the Forrest w"'^ are above the age of twelve yeares, to ms. fo. 38. 
 
 be trew to the game, hath been likewise discontinued 
 
 many yeares." And the Reeves of Nasing and of 
 
 Roydon hamlet answered, "We know not that any have 
 
 been cal'd thereunto." The increase of the population 
 
 probably led to the discontinuance of the practice in the 
 
 Forest of Essex. 
 
 The oath was in rhyme : — Man-wood, 
 
 p. 249, 
 
 ed. 1615. 
 " You shall true Liegeman be Book of Oaths, 
 
 Unto the King's Majestic. '^49, fo. 302. 
 
 Unto the beasts of the Forest you shall no hurt do, 
 Nor to any thing that doth belong thereunto ; 
 The offences of others you shall not conceal 
 But to the utmost of your power you shall them reveal 
 Unto the officers of the Forest, 
 Or to them who may see them redrest : 
 All these things you shall see done. 
 So help you God at his Holy Doom." 
 
 The Court of Attachments, anciently the Woodmote, 
 and also called the Verderers', or the Forty-day Court, 
 whatever may have been its original nature and jurisdic- 
 tion, was held after the Conquest under the Forest law wukins, 372, 
 
 ' '■ Ch. For. 
 
 of King John, and of the Charter of the Forest ; which 9 h. 3, § 8. 
 directed that the foresters and verderers should meet 
 every forty days to see the attachments of the Forest, 
 
76 THE FOREST OF ESSEX. 
 
 both for greenhue and hunting, by the presentments of 
 the foresters and afore them attached. The attachments 
 
 Coke, 4th were received and ordered to be enrolled by the Verderers, 
 who presided as judges of the Court, and who afterwards 
 returned them to the Swainmote. The Court of Attach- 
 
 Mauwood, ments had originally no power to proceed judicially ex- 
 cept as to trespasses relating to vert, the value of which 
 was less than /^d. The matter was then thought not 
 worthy to be heard before the Chief Justice of the Forest, 
 and the Court of Attachments might both assess and 
 levy the fine, and enter it on their roll. Additional 
 powers which were given to the Court in modern times, 
 for enabling it to deal with encroachments in the Forest, 
 are mentioned hereafter. 
 
 There are no early records of the Court of Attach- 
 ments of Waltham Forest; but it was found in 1630, in 
 ch.For.Proc. answer to the justices' inquiries, that "for the most pte 
 No. 153! the Courte of Attachment hath bin kept." There are 
 some records in the British Museum of its proceedings 
 in the time of Queen Elizabeth, and others may perhaps 
 be in existence. In a series of rolls, extending with some 
 interruptions from 17 13 to 1848, and which were printed 
 at the cost of the Corporation of London for the purposes 
 of the inquiry before the Epping Forest Commissioners, 
 are recorded the doings of the Forest officers during that 
 time ; and these, which form a large part of the modern 
 history of the Forest, are fully noticed in the next and 
 other chapters. 
 
 Const.de For. We have Seen that the Forest Court or inquiry into 
 
THE FOREST LA WS AND COURTS. 77 
 
 offences relating to vert and venison, which was estab- 
 lished by Canute, was to be held four times in the year. 
 The Swainmote was also a Court of the Ministers of the 
 Forest for receiving presentments and trying the truth 
 of them by a jury of freeholders ; and the direction in wukins, 372. 
 the law of John, and in the Charter of the Forest, that ^ ^"' ^' 
 it should not be held oftener than thrice in the year, 
 seems to imply that it had previously been held more 
 often. It may therefore have had its origin in Canute's 
 Court; the Woodmote, as a minor Court, performing the 
 same functions as that, which under the Normans became 
 better known as the Court of Attachments. It seems 
 that the Swainmote was not held in all the Forests, as 
 the Charter of the Forest directed that it should be only § 8. 
 in those counties in which it was wont to be held. 
 
 Of the three periods fixed for the holding of the ^^■^°''; „ 
 Swainmote, one was fifteen days before the Feast of St. 
 Michael, when the King's agisters came to agist his 
 demesne woods; and another about the Feast of St. 
 Martin, when they came to receive his pannage : to 
 these two Courts were to come the foresters, verderers, 
 and agisters. The third Swainmote was to be held at 
 the beginning of the fifteen days before the Feast of St. 
 John the Baptist, which was the time of the fawning 
 of the deer; and to it were to come only the foresters 
 and the verderers. This arrangement shows the great 
 importance attached to the King's rights of pannage 
 for swine, in those forests in which he had demesne 
 woods. 
 
 It was, however, directed by laws made in the ord. For. 34 
 
 Ed. I, St. 5, }i; 
 
78 THE FOREST OF ESSEX, 
 
 I Ed. 3, St. I, reign of Edward I., and re-enacted during that of 
 
 C.8 
 
 Edward III., that presentments of trespasses in the 
 Forest concerning vert and venison, should be before 
 the foresters, verderers, regarders, agisters, and other 
 ministers of the Forest by the oath of knights, and other 
 honest men of the nearest parts; and that the truth 
 being inquired of, the presentments, with the accord and 
 consent of all the ministers, should be solemnly confirmed 
 and sealed with their seals; to which the statute of 
 Edward III. added that an indictment made in any other 
 manner should be void. 
 
 There were therefore present at the Swainmotes 
 jurors for each of the Forest bailiwicks, to inquire for 
 the King upon the Articles of the Forest. ^ 
 §4- The same ordinance of Edward I. directed that 
 
 ministers of the Forest who were surchargers {i.e., were 
 guilty of extortion) should be removed and imprisoned 
 at the discretion of the justice of the Forest or his lieu- 
 tenant, those who placed them there being also punish- 
 able at the King's pleasure. And at every Swainmote 
 inquiries were to be made of the surcharge of the 
 foresters and other ministers, "and of their oppressions 
 done to our people ; and they shall make thereof amends, 
 and shall be punished as above is expressed." These 
 enactments show the existence of great irregularities by 
 
 Duch. of ^ They had fee deer for their services. In 1489 a scare was ordered 
 
 Lane. Jfcc. ^^ ^^ given to William Cooke and his fellows, free tenants of the 
 PI For Exch. Fo^est. In 1663, and 1667 the underkeepers of Loughton Walk were 
 Treas. of directed to kill a fat buck of the season for the freeholders, in one of 
 
 Bimdie^zT"' these years, of the Forest, and in the other, of the parish of Loughton ; 
 pt. I, No. 21, and in 1666 the underkeeper of New Lodge Walk received a similar 
 an/73^°^" '° direction for the beneiit of the freeholders of Waltham and Chingford. 
 
THE FOREST LA WS AND COURTS. 79 
 
 the subordinate Forest officers, who probably lived almost 
 at free quarters upon the Inhabitants. The next provi- 
 sion shows that the highest officers were also guilty of 
 oppression. It declared "that divers people be dis- i Ed. 3, c. 8. 
 inherited, ransomed, and undone by the chief wardens 
 (sovereins gardeins) of the Forests on this side Trent 
 and beyond, and by other ministers against the form of 
 the Great Charter of the Forest, and against the declara- 
 tion made by. King Edward, son of King Henry." And 
 therefore, because the chief wardens (chiefs gardeins) of 
 the Forests had not observed the same form hitherto, it 
 was agreed and ordained that from thenceforth no man 
 should be taken or imprisoned for vert or venison unless 
 he were taken with the manner,* or else indicted in the 
 form already mentioned; and then the chief warden 
 (soverein gardein) of the Forest was to allow him to be 
 bailed till the Eyre of the Forest without taking any 
 thing for his deliverance, and in default he should have 
 a writ for the purpose out of the Chancery. If the 
 warden, after receiving the writ, did not admit the person 
 accused to bail, he was to be admitted to bail by the 
 sheriff in the presence of the verderers, to whom the 
 names of the bail were to be delivered; and if the 
 warden were attainted thereof, he was to be liable to 
 
 ' A man was said to be taken with the manner : — for venison, when 
 he had wounded a wild beast, and was found with a hound drawing 
 after him to recover it ; when he was found at a stand ready to shoot 
 at a deer, or with greyhounds in a leash ready to slip ; when he had 
 killed a beast, and was found carrying it away ; when he was found in 
 a Forest in a suspicious manner, and was bloody : and for vert, when 
 he was found cutting or carrying it away. 
 
8o THE FOREST OF ESSEX. 
 
 the plaintiff in treble damages, and was also to be com- 
 mitted to prison and ransomed at the King's will. 
 
 Another Act for preventing illegal imprisonments 
 and ransom of the captives by the officers of the Forest 
 was passed in the yth year of Richard II. 
 
 There are records of several of the Swainmotes held 
 Duch. of in Waltham Forest. The earliest of these relates to a 
 
 Lane. Misc. 
 
 !<•«=• Court held at " Bukkershyl " (Buckhurst Hill) on the 
 
 6th of October, 1495, before two verderers, three re- 
 garders, two foresters, five woodwards for the half 
 hundred of Waltham, and eight free tenants (six others 
 having made default), thirteen woodwards of the baili- 
 wick of Ongar, and ten free tenants. It contains 
 many presentments relating to the destruction of deer 
 of various ages, either by persons named, by murrain, 
 or by unknown means; and to the " overleyynge " 
 of the common by divers persons with " bolokes," 
 " schepe," or other animals, the values of which are 
 specified. 
 
 Directions for I havc not scen any records of Swainmotes held in 
 
 ordering For. 
 
 of Waltham. the 1 6th ccnturv. Tames I. directed that one should be 
 
 Camb. MS. J J 
 
 Exch. Bills nsld every year at the least ; but Sir Robert Heath said, 
 
 Esset^crr!"^?,' i^i 1 62 8, that hunting having been less esteemed by 
 
 ^°-3'- Edward VI., Mary, and Elizabeth than by former 
 
 Sovereigns, there was less care during their reigns 
 
 of the due observance of the Forest laws ; and the 
 
 keeping of the Courts of Swainmote and Justice Seat 
 
 ch.For.Proc. was almost totally neglected and disused. In 16^0 it 
 
 6 Car. I, ^ , . , . . . 
 
 No. 153. was found, m answer to the mquiries of the justices, 
 
THE FOREST LA WS AND COURTS. 8i 
 
 that " the Court of Swainmote hath bin discontinewed 
 for many yeares." 
 
 The revival by Charles I. of the Forest laws led to Chancery For. 
 the holding- of a Swainmote at Stratford Langthorne, on waitham, 
 the 14th September, 1630. At this Court there was 143! ^^ ^" 
 a very full attendance of Ministers. The steward in fee 
 of the Forest was Robert Earl of Lindsey. Philip Earl of 
 Pembroke and Montgomery, Chief Forester of Loughton 
 and Woodford Walks, was absent on the King's service; 
 but there were present Edward Earl of Norwich, Chief 
 Forester of Epping, New Lodge, and Chingford Walks ; 
 Sir Thomas Edmunds, Deputy of the Earl of Lindsey ; 
 Sir Henry Edmonds, Chief Forester of Chappell Hennault 
 Walk; Sir Robert Quarles of Leyton and West Hennault, 
 and Sir Henry Rowe of Walthamstow Walks ; four 
 verderers, twelve regarders, twenty-seven under-foresters, 
 eleven woodwards of the woods of the King and others ; 
 the principal Ranger of the Forest, the Ranger of the 
 liberty of Havering, and four under-Rangers ; with sixty 
 free tenants of the half hundred of Waitham, twenty-nine 
 of the hundred of Ongar, and forty-seven of the hundred 
 of Becontre ; and for each of those bailiwicks twelve 
 jurors, to inquire for the lord the King upon the articles 
 of the Forest ; and a thirteenth, separately named, who, 
 perhaps, was the foreman. 
 
 Of other Swainmotes, one was held at Stratford For. Pro. ch. 
 Langthorne on the 14th September, 1631, another at c'ar.' 1,°' ' 
 Chigwell on the same day in 1632, at which there was ^^^^^1^0]%. 
 a great attendance of Ministers ; another at Stratford 
 
82 THE FOREST OF ESSEX. 
 
 Langthorne on the 15th September, 1634, and another 
 
 at Brentwood on the nth June, 1640; at the Justice 
 
 H.For.Exch. Seat held in 1670, the roll of another Swainmote held on 
 
 Tr. of Rect. ' ' ■, r- i ^ 
 
 County Bags, gth Tune, 1 666, and adjourned to 14th September, 1670, 
 
 Essex, No. 8. ^ -^ ' , . , T i i j 
 
 was presented. And it may be that some were held 
 after that date. 
 
 The steward of the Forest was present at these 
 Swainmotes, and the Courts are stated on the Rolls 
 to have been held before him and the other ministers ; 
 but he did not sign the Rolls. This is in accordance 
 Cap. 23, ed. with the remark of Manwood, that " although the chiefe 
 warden of the Forest doth sometimes use to sit at this 
 Court, or his lieutenant . . . yet it should seem that the 
 chiefe Warden of the Forest is no judicial officer appointed 
 to sit there ; for if hee were, hee could not appoint his 
 deputy to sit there for him ; for a judiciall place cannot 
 be executed by a deputie." 
 
 The mode of proceeding of the Swainmote was, that 
 after calling the names of the officers, and fining such as 
 were absent without good reason, and after swearing the 
 jurors, the latter made their presentments after this 
 manner : " It is presented by the 1 2 jurors of the bailwick 
 of . . . within the Forest of Waltham in the County of 
 Essex and convicted" {i.e., found to be the fact) "by the 
 foresters, verderers, regarders, and other ministers of the 
 said Forest, that A. B. on such a day, within the Forest, 
 kept one dog unexpeditated. And that the same dog on 
 such a day, in such a walk within the Forest, chased a 
 certain male deer called a prickett, against the laws and 
 assize of the Forest." 
 
THE FOREST LAWS AND COURTS. 83 
 
 The fines for the various offences were "-affeered," 
 i.e., fixed, and were written In the margin of the roll; a 
 memorandum being added that this was done, and that 
 the indictments were affirmed by the assent and consent 
 of all the foresters, verderers, regarders, and other 
 officers. The roll (which was of parchment^) was sealed 
 by the chief foresters, verderers, and regarders, and was 
 signed by the steward. Every person indicted was then 
 bound in a penalty of 20/., with two sureties each in 10/., to 
 appear and answer what should be objected against him 
 at the next Justice Seat ; not to" depart without the licence 
 of the Court; and in the meantime to be of good 
 behaviour towards the King's game, and the vert and 
 venison of the Forest. 
 
 The Swainmote which was held next before the Court 
 of Justice Seat, had also before it the return of the regarders 
 of the Forest, whose duty, as will be shown more fully in 
 the next chapter, was to view the trespasses done in the 
 Forest every third year before the holding of the Justice 
 Seat, and to present the Regard roll at the Swainmote. 
 
 The province of the Swainmote was therefore to inquire 
 whether an act alleged to be an offence against the Forest 
 law had been committed ; and if it had, to certify the 
 fact, and to fix the proper fine on the assumption that it 
 was an offence : the power of deciding that it was so, and 
 of punishing the delinquent, being reserved to the Court 
 of Justice Seat over which the Chief Justice of the Forests 
 
 ' At a Justice Seat for Windsor Forest each verderer was fined 20/. sir -w. Jones, 
 for delivering in their rolls on paper, .when they ought to be engrossed ^^P- 267- 
 on parchment. 
 
 G 2 
 
84 
 
 THE FOREST OF ESSEX. 
 
 Ben. Abb. 
 {M. R. Ser.) 
 I- 323- 
 
 Stubbs, Sel. 
 Ch. 127. 
 
 An. 1 198, 
 Hoveden, 
 vol. 4. P- 63 
 (M.R. Series). 
 
 Exch. Lord 
 Treas. Re- 
 membcer. 
 Memda. 
 z8 H. 3. 
 
 Cotton Roll 
 xiii. 5. 
 
 4th Inst. 291. 
 
 or his deputy presided. The manner of holding the 
 Court of Justice Seat is minutely described by the Earl 
 of Warwick in his letter which has been set out in the 
 first chapter. It is by no means clear at what date the 
 Court was established, in the form in which we find it 
 in the earliest of the Waltham records. 
 
 The office of Chief Justice of the Forests was at an 
 early period combined with that of Master Forester ; but 
 several justices were assigned to a single forest or group 
 of forests by Henry II. ; who also appointed Master 
 Foresters both of his own forests and of those of his 
 barons and knights. These justices visited the forests at 
 the same time when the justices itinerant went their cir- 
 cuits ; at which time it was required by an ordinance of 
 Richard I., that through all the counties through which 
 they went, they should convene before them at the Pleas 
 of the Forest, the archbishops, bishops, earls, barons, and 
 all free tenants ; and from each vill a reeve and four men, 
 to hear the precepts of the King. 
 
 A writ commanding the Sheriff of Essex to allow 
 Alicia de Holdeng and her tenants to be free from an 
 amercement made at the last Iter of the Forest before the 
 King's justices, they having already paid their share, 
 proves that a Forest Court was held in Essex before 1 244 ; 
 and the fragmentary record of a Court held in 1250, refers 
 to one held by Robert Passlewe, which may have been 
 the Court at which he deprived Richard de Munfichet of 
 the Stewardship of the Forest. 
 
 The Court of Justice Seat was not to be held oftener 
 than every third year, and was actually held at much 
 longer intervals. It was summoned forty days before the 
 
THE FOREST LA WS AND COURTS. 85 
 
 time fixed for the sitting, by the sheriff of the county 
 under the King's writ. And its duties were not only to Manwood, 
 
 • 1 1 . , ch. 24, 
 
 punish by fine and imprisonment at the discretion of the 
 judge, offences against the Forest laws, which had been 
 already examined and "convicted" by the Swainmote, 
 and such as were presented at the Justice Seat itself, but 
 to determine claims of liberties and franchises ; such as 
 the rights to have parks, warrens, and coney burrows, to 
 be quit of assarts and purprestures, to be out of the 
 Regard of the Forest, to kill beasts of chase, and other 
 matters of the like nature. 
 
 It also performed within the Forest many of the 
 duties which were commonly discharged by the Court 
 Leet of a manor. It dealt with the decay of bridges, the Answers to 
 deepening of fords, the neglect to scour ditches, to mend inquiries, 
 ways, and to train hedges ; the blocking up of sewers ; no. 153' 
 
 {z\ Scot 
 
 and the keeping of unlicensed ale-houses : with the 1630). ' 
 broken bridges and foul ways, as preventing the lord the 
 King from hunting in the Forest without danger; and 
 his subjects from passing thereon without great peril to 
 their lives and loss of their things and goods, " to the 
 grievous damage of the Forest." In one case we are 
 told that in frosty weather in consequence of the overflow 
 of a sewer, " the isse standeth and doth ofend the King's 
 deere, that they cannot have noe passage over the 
 grownd." 
 
 Another finding sets forth that Locke Bridge, within 
 the precinct of the Forest, and leading from Waltham- 
 stow to Hackney, was cleane decayed and broken down. 
 "And that one Clement Serbye " (who might have 
 studied his profession under Peter of the Brig, celebrated 
 
86 THE FOREST OF ESSEX. 
 
 in "The Monastery"), "doth exercise a Ferrye there, and 
 will not pass over any poore Passengers be they never 
 soe many in number, unlesse they will paye to him a 
 half penny a peece both for goeing and comeing. And 
 will not carry horses over, unless the Owners thereof will 
 give to him such prices as hee will demand, although the 
 water be never so dangerous to passe over." 
 Ch. For. Proc. Again, it was presented that a great stone bridge, 
 
 6 Car, I, 
 
 called Bow bridge, and a certain other stone bridge called 
 Charl . . bridge, otherwise Channeles bridge, both in the 
 Forest, in the parish of Westham ; and a certain path, 
 in English a "causway," leading from Bow bridge to 
 the vill of Stratford Langthorne, were ruinous, broken, 
 and in great downfall for default of repair and mending 
 thereof Then it was found that Henry Mewtys, of West 
 Ham, by reason of a certain mill (called Wiggen Mill), 
 and lands of which he was tenant,* and which were situate 
 near the site of the late monastery of Stratford Lang- 
 thorne, ought to repair the said bridges and causeway ; 
 and he saying nothing in bar, the sheriff was ordered to 
 distrain upon his lands. 
 
 Alehouses were also under the jurisdiction of the 
 
 Justice Seat. They were always treated as nuisances, 
 
 because they harboured poachers and the numerous 
 
 . Plac. For. vagabonds who resorted to the forests. At the Justice 
 
 ofRcct. ' Seat of 1670, the Lord Chief Justice (Sir Thomas Fanshaw, 
 
 Lysou's ' These bridges were built, and the road made, by Matilda of 
 
 ^f i."°d^ Scotland, the Queen of Henry I. She also gave manors, and the 
 
 vol. 3. 390'. mill mentioned above, formerly called Wiggen Mill, to the Abbess of 
 Barking to repair them. 
 
THE FOREST LA WS AND COURTS. 87 
 
 deputy of the Earl of Oxford), by the advice of Chief county Bags, 
 Justice Vaughan, Justice Wyld, and Baron Wyndham, 22 Car. i. 
 and the King's Counsel present, declared that the trade 
 was a " nusans " to the forests; and that no person could 
 use it without the licence of the Chief Justice in Eyre 
 without being liable to punishment by the Forest laws, 
 with which the licences of the justices of the peace could 
 not dispense. 
 
 The records of the Justice Seat held in 1631 contain ch.For.Pioc. 
 an exact account of the names of all the then keepers of 
 alehouses and victuallers in the following 16 vills of the 
 Forest. There were in 
 
 Great Ilford, 3. Dagenham, alehouse keeper, 1 ; 
 Little Ilford, i. victualler, i. 
 
 Loughton, 3. Lambourn, alehouse keepers, 2 ; 
 Waltham Holy Cross, 21 ; and innkeeper, r. 
 
 innholders, 2. Walthamstow, 7. 
 
 Roydon hamlet, i . Chigwell, 7. 
 
 Layton, 5. Wanstead, i. 
 
 Chingford, 3. Woodford, 5. 
 
 Epping, innholders, 5 ; victu- Stratford Longthorne, 9 ; and 
 
 allers, 10. innholders, z. 
 
 Barking, 6 ; and innholders, 3. 
 
 The licences contained a condition that the persons Attachment 
 licensed should not entertain or harbour any deer-stealers 1749! 
 or persons suspected to be such, and should In all things 
 behave themselves according to the laws and customs of 
 the Forest. 
 
 In these and other matters the Chief Justices of the 
 Forest assumed considerable powers. Several proclama- By Lord 
 
 . , , .^ Breadalbane 
 
 tlons are extant m which they empowered the Forest m 1757 ; Lord 
 
 officers to kill all dogs trespassing in the Forest ; to seize Mr. Grenvme^ 
 
 1809. 
 
88 THE FOREST OF ESSEX. 
 
 all guns and nets kept without authority ; all wood, under- 
 wood, turf, &c. cut or dug without licence; and all 
 horses, carts, and materials used in carrying them ; and to 
 search alehouses^ for unlawful guns, nets, and weapons ; 
 and required the verderers to sell the things taken for 
 the benefit of the captors. The beadles and other Forest 
 officers were also ordered to give notice of the proclama- 
 tions in the towns, churches, and other public places in 
 or adjoining the Forest. 
 
 The records of the Justice Seats of 1250 (38 H. III.), 
 
 1277 (5 Ed. I.), and 1292 (20 Ed. I.), show that the Forest 
 
 government was then extended over a large portion of 
 
 the county of Essex which was disafforested in 29 
 
 PI. For. Edw. I. The Court of 1277 was held at Chelmsford, 
 
 S Ed. I. . . 
 
 and its proceedings include pleas of vert and venison 
 concerning the half hundreds of Lexden, Wenstre, and 
 Thurstaple, as well as of the hundred of Waltham ; the 
 quarrel already mentioned about the Abbess of Barking's 
 oak tree, being among the entries. Many persons are 
 fined ; some give pledges, and others are presented for 
 offences against vert. One found sureties and paid a 
 mark. Another was ordered by the sheriff to attend the 
 Court, but "because he is feeble he is pardoned for the 
 King" {i.e., for the benefit of the King's soul). And 
 other entries were made to which I shall have occasion 
 to refer hereafter. 
 
 Then came presentments about the inclosure of 
 parks and warrens ; and pleas of venison of the hundreds 
 
 ' This direction was omitted in 1789 and 1809, being probably 
 considered to be beyond the powers of the Chief Justice. 
 
THE FOREST LA WS AND COURTS. 89 
 
 of Harlow, Ongar, and Waltham ; the regard of Col- 
 chester and of Ongar; and many entries relating to 
 wastes of woods, and to old and new assarts ; and then 
 the roll of charters, including those of the Abbots of 
 Stratford, of Waltham, and St. Paul's, London. 
 
 At the Justice Seat of 1292, also held at Chelmsford, Exch. Treas. 
 
 . ., , , . ' , r ^^ of Rect. Plac. 
 
 Similar matters are dealt with, and are more fully re- For. No. 2. a. 
 corded; and in addition we have the presentment that 
 the Forest extended from Stratford bridge to Cattewad 
 bridge, and from the Thames to the Stanstrete. 
 
 The next Justice Seat of which the record remains pi. For. Exch. 
 
 Treas of 
 
 was held in 1323-4 (17 Ed. II.) at "Stratford Bow." Rect.' County 
 In this case the inrolment of the charters precedes the No. 3. 
 presentments and the claims. The charter roll includes pi. For. Ex. 
 
 Treas. of 
 
 the charter of the hundred of Tendring, by which " two Rect.' 
 hundreds of Tendring" were disafforested, and many m. 10! d. 
 other charters and claims of liberties in the Forest, some 
 of which are allowed, but others, for which no warrant 
 was shown, are referred to the King. And a present- 
 ment was again made as to the extended bounds of the 
 Forest corresponding with that of 1292. This was 
 probably intended as a protest against the disafforestation 
 of 1301, and to preserve the King's rights such as they 
 were over the disafforested districts. 
 
 I have seen no records of the holding of any other 
 Justice Seats for 165 years after that of 1323-4, nor any 
 records of Swainmotes before 1495. It may be that the 
 ravages of the plague in 1349, 1362, and 1369 prevented 
 the holding of the regular Forest Courts during the latter 
 half of the 14th century. 
 
90 THE FOREST OF ESSEX. 
 
 Duch. of The next Justice Seat of which there is a record 
 
 Rec. 4H. 7. was held in 1489 at Waltham Holy Cross. Its pro- 
 ceedings are recorded at great length. First we have 
 an exemplification of the King's letters patent appointing 
 the justices of the Forest, the original having been lost ; 
 then the justices' precept to the sheriff to summon 
 twenty-four honest and lawful men of every hundred 
 within the Forest, and round about the same, who were 
 Seethe to inquire and do those things which then and there 
 
 Ordinance of ^ _ ° 
 
 R. I, su-pra. shouM be enjoined them on the part of the King. 
 
 Charge of c.j. These inquiries (of which in 1634 there were 03) 
 
 Harl. MSS. , ^ . , ., . , ' 
 
 6839, fo. 261. extend to the mmutest details concernmg the acts of 
 the officers and inhabitants and other people in the 
 Forest which were contrary to its laws or might tend to 
 its injury ; and conclude with a comprehensive direction 
 to make true presentment of the state of the Forest, by 
 setting forth its bounds, the number of its bailiwicks, 
 and of the officers and ministers in every bailiwick, its 
 woods, coppices, and timber trees ; and how many deer, 
 male and female, red and fallow, were in each bailiwick. 
 The precept goes on to direct the sheriff to cause 
 proclamation to be made in markets, fairs, and other 
 public places within the county, that all who claimed 
 liberties, franchises, privileges, or profits within the 
 Forest should come and show by what right they 
 claimed them ; and that the sheriff and the bailiffs of 
 the hundreds should also come with the names of the 
 men and the precept. 
 
 Then comes the return (response) of the sheriff, 
 Henry Teye, Esq., stating his compliance with the 
 precept, and giving the names of the men sworn for 
 
THE FOREST LA WS AND COURTS. 91 
 
 the hundreds of Becontre and Waltham Holy Cross, and 
 the half hundred of Waltham. 
 
 Next, a precept by the justices to the warden of 
 the Forest, requiring him to cause to come before them 
 all the foresters, verderers, regarders, agisters, wood- 
 wards, and all other ministers of the Forest, with rolls, 
 writs, tallies, and other things come to pass since the 
 last pleas, " every one for his own time, and as it 
 concerns his own ■ duties separately to answer and to 
 act: " and to summon the fre6 tenants who have lands 
 or tenements within the metes of the Forest, and from 
 every town and village within the Forest and county 
 four men and the provost (reeve) ; from every borough 
 there twelve honest and lawful men, and all others who 
 ought to come before the justices ; and all attached 
 or "convicted" persons detained in custody, or en- 
 larged on bail, or by surety, for trespasses of vert and 
 venison within the Forest and county done since the last 
 pleas, with their bail and sureties; and all persons claim- 
 ing liberties or franchises in the Forest. 
 
 Then the response of John Earl of Oxford, the Cus- 
 todian (Warden) of the Forest, containing the names of 
 the Forest officers, viz., the lieutenant (locum tenens), the 
 riding forester, and four other foresters, the ranger, the 
 verderers, the regarders, the woodwards (the agisters 
 and keepers of parks being blank), twenty-one free 
 tenants, and seventeen vills, with their four men and 
 reeves ; but no burgesses — none of the Forest vills being 
 corporate towns ; and those who claimed liberties in the 
 Forest, viz., the Abbot of Bury St. Edmunds, the Abbot 
 of Waltham, the Abbess of Berkyng, the Prioress of 
 
92 
 
 THE FOREST OF ESSEX. 
 
 Stratford-at-Bow, the Abbot of Stratford Langthorn, the 
 Dean and Chapter of St. Paul's, and the laymen ; to all 
 of whom time was granted to bring in their claims. 
 
 Then a number of presentments, some relating to 
 vert, some to venison, some to the surcharging of the 
 Forest pasture, and one to the stopping of a public way. 
 
 Then the regarders' return. 
 
 Then warrants by the justices to the keeper of the 
 Forest, or his lieutenant, to deliver fee deer to divers 
 officers of the Forest, viz., to Robert Plumer and his 
 fellows, verderers of the Forest aforesaid, one male deer 
 and one female deer in winter; to James Blount, Knight, 
 lieutenant of the Forest, one male deer; to Reginald 
 Sic. Pympe and Richard Barle and his fellows, regarders of 
 
 the Forest, two deer called soures, and two female deer 
 in winter ; to the clerk of the Swainmote one deer ; to 
 William Cooke, Gent., and his fellows, free tenants of 
 the Forest aforesaid, one soure ; to William Heydon, 
 one of the clerks in Session, one male deer ; to William 
 Jerlofeld, another clerk in Session, one male deer ; and 
 to Richard Harpur, " our deputy in the office aforesaid," 
 four oaks and one male deer ; and in each warrant is 
 added, " taken of our gift as the " \name of office] "there 
 at whatever session there held in Eyre of the state of 
 the Forest, by ancient and laudable custom have hitherto 
 been used and accustomed to have." 
 
 Then comes a list of the persons found to have 
 offended against the Forest laws, and their sureties. 
 The first is M. Ciprian de Turner, of London, Gentylman; 
 and another Lombard, to wit, Ambrosius de Saluagiis, 
 of London, merchant; with three other London merchants, 
 
THE FOREST LA WS AND COURTS. 93 
 
 all apparently foreigners, and other offenders, some of 
 London, and others living in or near the Forest. 
 
 Lastly come the claims of a great number of land- 
 owners in the Forest to rights and privileges which, as 
 they alleged, had been granted to them, and the 
 evidences of which, so far as was in their power, they 
 produced. 
 
 In 1558, Queen Mary directed Sir Edward Walgrave, st.Pap.Dom. 
 Sir William Petre, Sir Henry Tirrell, Serjeant Browne, No. 44, 
 Mr. Sollycytor, Mr. Earners and Mr. Powle, who had ^'' ^'^'^' '^^^" 
 been appointed by "Therle of Sussex, Chief Justice of 
 the Forests on thisyde Trent " to be his deputies,^ to be 
 attendant at Ilford for the purpose of holding a Court of 
 Justice Seat on the 22nd August. 
 
 This Court was probably held, although no record 
 of it has been found; for on the 24th February, 1564, st.Pap.Dom. 
 Queen Elizabeth directed Serjeant (then Justice) Browne no.'zo. 
 to act for the Earl of Sussex at the adjourned sessions 
 to be held upon Tuesday before Shrove Sunday ; 
 remarking that he had assisted the Earl of Sussex with 
 his advice at the sessions lately held by him for the 
 Forest " w*^ we p'ceave yo'^ did very well to the furder- 
 ance of ou' service." 
 
 A letter written by Robert Johnson to the Earl of st.Pap.Dom. 
 Salisbury, Lord High Treasurer, on the 30th March, 16 10, No." 50.^° ' ^^' 
 appears to show that although the holding of Justice 
 Seats was then unfrequent, one or more may have been 
 
 * The Earl was performing his duties as Deputy in Ireland. 
 
94 
 
 THE FOREST OF ESSEX. 
 
 Ch. For. Proc. 
 6 Car. r, 
 !No. 130. 
 Plac. For. 
 Excli. Treas. 
 of Rect. Co. 
 Bags, Essex, 
 No. 8. 
 22 Car. 2. 
 St. Pap. Dom. 
 Car. I, 
 vol. 27s, 
 No. 21. 
 
 held between that year and 1564. The writer suggests 
 that the presentments of the Swainmotes should be yearly 
 returned into the Exchequer, and be by Act of Parlia- 
 ment " made a little more fortefyed," observing that as 
 they now lie idle till a Justice Seat be kept, (which is so 
 rare' that it is scarce once in twenty years) they have no 
 execution at all ; and he remarks that to help this by 
 keeping yearly Justice Seats " wold charge his Ma''® 
 more than the pfitt wold amount to." 
 
 There are records of three other Justice Seats, which 
 were all held at Stratford Langthorne — one on the 21st 
 September, 163 1 ; another on the ist October, 1634, 
 and by adjournment on the 8th April, 1635, when the 
 memorable scenes recorded in the last chapter, and in 
 which Sir John Finch took a leading part, were enacted ; 
 and the last on 30th September, 1670, at which nothing 
 more remarkable is to be noticed than the severity of 
 some of the fines inflicted. One person who had twice 
 offended by killing deer was fined in each case 30/. ; but 
 each fine was afterwards reduced to 10/. Another, sub- 
 mitting to be fined for a like offence committed by his 
 son, had to pay 20/. And another for cutting oaks, 
 valued at 20s., was fined 10/., which was afterwards re- 
 duced to 5/. Of inclosures and purprestures, some were 
 arrented and others ordered to be thrown down. 
 
 Lyson's 
 Environs of 
 I-ondon, 4. 
 133- 
 
 Buxton's 
 Epp. For. 
 
 It has been said that Queen Elizabeth's Lodge at 
 Chingford was designed and used for the holding of the 
 lesser Forest Courts.^ I can find no evidence of its being 
 
 ' According to tradition, it was used by Queen Elizabeth as a lodge 
 when she resorted to the Forest ; and until given to the Conservators, 
 
THE FOREST LA WS AND COURTS. 95 
 
 SO used, and certainly none of the Courts of Justice Seat or 
 Swainmote, of which records have been found, were held 
 there. 
 
 In the reigns of James I. and of Elizabeth the Court 
 of Attachments was held at ChigTvell ; and in and after 
 17 13 its sittings were always " apud le King's Head 
 in Chigwell." This was probably also "the house Camb. ms. 
 of Bibby," at Chigwell, to which, in 1630 and 1632, 
 the bailiff of the Forest was directed to summon the 
 constables to appear before the Forest officers, for the 
 purpose of choosing the four men. In this quaint and 
 pleasant inn may still be seen the room in which the 
 Court of Attachments was held,^ and also an arched recess 
 in the cellar, made to hold the wine which served for the 
 revels of the ministers of the Forest, after the graver 
 labours of the day. One source from which that recess 
 was filled is pointed out by the following entry in the 
 rolls of the Court under the date of 3rd June, 1723 : — 
 " Ordered y' every person y* has the permission of a 
 Lycense to shoot, hunt, &c. in y® fforest of Waltham, 
 before he be permitted to enter y® same, shall pay to y® 
 officers at y Court when the same shall be entered 3 doz° 
 of Wine." 
 
 , We have seen that the punishments by death and 
 mutilation which in very early times were ordered to be 
 
 it was a Forest lodge belonging to the Crown. The roof appears to 
 be of earlier date than the reign of Elizabeth, and the lodge may have 
 been built for and used by earlier Sovereigns. 
 
 ' It is now called the "Chester Room," after one of the principal 
 characters in "Barnaby Rudge," in which Dickens introduces the 
 "house as " The Maypole Inn." 
 
96 THE FOREST OF ESSEX. 
 
 inflicted for offences against the Forest laws, were 
 abolished by Richard I. and John. As the earliest 
 Justice Seat of which there is a tolerably complete 
 record was held in 5th Edward I., we have no in- 
 formation as to the perpetration of these barbarities in 
 the Forest of Essex ; and in truth there appears to 
 be very little evidence beyond the general statement of 
 the chroniclers, of their infliction anywhere by the Forest 
 Courts. 
 
 The object of such punishments must have been to 
 strike terror into offenders by sharp and quick retribution, 
 for which the proceedings of the Courts were very ill 
 Assise of adapted. Even in the time of Henry II., before the 
 \ 12. ' abolition of the penalties of death and mutilation, pledges 
 were ordered to be taken for the first and second trans- 
 gressions against the Forest laws ; it was only on the 
 third offence that the body of the offender was to be 
 answerable ; and it seems more likely that the cruelties 
 of which complaints were made, and which were certainly 
 authorized by the more ancient Forest laws, were com- 
 mitted by such tribunals as those of which the Saxon 
 chronicler complains, than by Courts which moved in as 
 leisurely a manner as the ancient Court of Chancery ; 
 first by presentment, then by " conviction," and lastly, 
 after a period which might easily be three years or even 
 longer, from the date of the original offence, by punish- 
 ment. 
 
 But this system was admirably adapted to harass 
 offenders ; they were obliged to attend, first, before the 
 Court of Attachments ; then at the Swainmote, with 
 their sureties, as often as the Forest ministers might 
 
THE FOREST LA WS AND COURTS. 97 
 
 think fit to summon them ; and lastly, under pain of fine 
 and imprisonment if absent, and with the certainty of 
 fine, if not of imprisonment, when present at the Justice 
 Seat. 
 
 And the fines in those days were very heavy, as 
 may be seen in the case of Henry le Martre, who, in the Madox, Hist, 
 reign of John, to be quit of the trespass of being found quer, i. 499. 
 in the King's Forest with harriers, beating the King's ^•'°^°' "^ ' 
 foresters, and other Forest transgressions, paid sixty 
 marks ; a sum which at the present day would amount to 
 much more than 500/. 
 
 A pecuniary fine was the punishment commonly 
 inflicted by the Forest Courts in later times. In the 
 earlier Essex records, fines with the alternative of im- 
 prisonment, and imprisonment for contempt of, or dis- 
 obedience to the orders of, the Court, or for offences by 
 the officers of the Forest, are not unfrequently mentioned. 
 And that many persons were imprisoned for offences 
 against the Forest laws, appears from the grant by which 
 James I. authorized the Earl of Oxford to build a gaol 22 May, 
 for their confinement ; though having regard to the rarity pL. LoJd 
 of Justice Seats, it is not clear by what authority they Tra™eef'°" ^ 
 were confined in it. °' ^ ' 
 
 Although the Courts had cognizance only of offences 
 committed within the Forests, they were armed with 
 power to reach offenders who had escaped beyond their 
 boundaries. The Assise of Clarendon directed, that stubbs' Sei. 
 if any sheriff notified to another sheriff that a man had j^x™.' '^'*' 
 fled from his county for (amongst other things) an of- 
 fence against the King's Forests, he should take him. 
 F. H 
 
98 THE FOREST OF ESSEX. 
 
 '^Ed'^"'^' '^^^^ power was exercised in Waltham Forest in 1277, 
 when Thomas Thurkyld of Yarmouth, with his workmen, 
 having" made great destruction in one of the Forest 
 woods, and having resisted the attempt of the King's 
 forester to attach him, was compelled to come by the 
 sheriff of Norfolk ; and for resisting the attachment was 
 adjudged to prison and fined 20^-. by the pledges of 
 Geoffry le Paumer of Walden, and Richard son of Martin 
 of Colchester. 
 
 ^-f^- P™^' At the same Court, and at that held in 1292, divers 
 
 of Rect. Plac. -^ ' 
 
 For. 20 Ed. I. persons were ordered to be imprisoned; one for a 
 trespass of vert, and for not appearing when summoned 
 until brought by the sheriff ; another for a like offence in 
 the forbidden month, and for not suffering himself to be 
 attached ; and a third for taking to his own use the 
 profits of land seised into the King's hands for waste. 
 Offenders who could not be found or did not come, were 
 put in exigent, that is to say, proclaimed at the Sheriff's 
 Court as a step preliminary to outlawry. 
 
 A more serious fate nearly overtook one Searle, a 
 member of the Grand Jury at the Justice Seat of 1634, 
 which was convened for the purpose of bringing back the 
 
 Letter of Earl Forests to their former illegal limits. For producine to 
 
 of Warwick, , ^ , t i r t^- t ■■ / , 
 
 sup. p. 43. the Grand Jury a record of Kmg John (doubtless that 
 
 by which he disafforested the county north of Stanstrete) 
 
 Searle was transmitted to the Star Chamber, but was 
 
 afterwards pardoned. 
 
 c ■ ■^rkxch ■^^ ■^^^^ several persons were severely dealt with for 
 
 Treas.'of contcmpt. A fine of 20/. imposed upon Lord Middle- 
 
 Rect. County '- 
 
 Bags, Essex, sex, probably for non-appearance, was discharged ; but 
 Abraham Church, having been fined a like sum for 
 
THE FOREST LA WS AND COURTS. 59 
 
 contempt and misdemeanour in Court, was ordered to be 
 committed until payment ; while John Harris, for striking 
 the crier in the face of the Court, was committed, and 
 on the next day brought to the bar, fined 100/., and 
 committed to close imprisonment until he paid it. 
 
 The fines varied much in amount. In 1277, many ^i- For. 
 Regarders were fined for concealment, generally each 
 half a mark {6s. Sd.), one /^od., and one 10^. ; and town- 
 ships each half a mark for not having fully come, i. e. for 
 not sending the proper number of tenants, to the Court : 
 and fines, varying from one to twenty marks, and some- 
 times imprisonment, were inflicted for unlawful hunting 
 and receiving the stolen venison. But Reginald, the 
 porter of Waltham Abbey, was only fined one mark for 
 the latter offence. In another case, the Preceptor of the 
 Templars of London and their bailiff being the offenders, 
 the bailiff was ordered to be proclaimed ; and Stephen 
 de Ayeneste, a brother knight of Roger de Rolbynge the 
 Preceptor, appearing as his attorney, made a fine of 
 20 marks, " whereof the Master of the Knights Templars 
 in Engfland will answer." Sometimes, as in the case of pi. For. 
 
 1 . ... 20 Ed. I, 
 
 Thomas de Ardern, Knight, m 1292, it is noticed that Treas.ofRect. 
 the culprit *' is pardoned for the King s soul, because he Essex, No. 2. 
 is poor." 
 
 At the Swainmote in 1632, the fines, although For. Proc. 
 " afifeered " by the Court at only half the sums written thamFor.' 
 in the margin of the roll, were yet considerable. Amongst 6 Car.' i, 
 them were fines of 305. for keeping an unexpeditated dog ; """ ^''°' 
 5/. for killing a fawn ; 50 marks (33/. 6^. %d) for making 
 a coney burrow, which was also ordered to be destroyed, 
 
 H 3 
 
xoo THE FOREST OF ESSEX. 
 
 and the burrows to be stopped ; and 20/. for placing", on 
 divers days, engines made of ropes, to take the game of 
 the lord the King, 
 c^'mi" ■'^^ 1634 the fines were "afifeered" by the Swainmote 
 
 Aam For. at the Same rate. A forester, fined 5/. for killing a hind 
 No 140. without warrant, appears to have been pardoned as to 
 the fine, but to have been put out of his office ; a hus- 
 bandman had to pay 3/. 65-. ^d. for keeping four hare 
 nets and two cross-bows with arrows ; and an under- 
 forester 20^-. for not affirming in Court a presentment 
 which he had made at the Court of Attachments. 
 
 Offences against vert were generally, as is stated to 
 
 \ xxi. have been the practice at the date of Canute's Code, 
 
 punished by very small fines, or only presented, unless 
 
 the offender was an officer of the Forest, or the offence 
 
 Consuet. de was aggravated by violence or contempt of Court. For 
 
 head, sut. wasting a wood a fine of half a mark was fixed by an 
 
 ^^■^■^ ■ ancient Forest law. But in the 13 th century, when the 
 
 King had seized a wood for waste, no more than this 
 
 sum was required to be paid both for the waste and for 
 
 re-delivery of the wood. 
 
 pi.For.Excii. In 1670 the entries for offences against vert include 
 
 Re^ct!' County a fine of 2ol'. for cutting forty trees, each' of the value of 
 
 ^ags^ <ssex, g^ g^_ A purprcsturc, by the enlargement of a mansiou- 
 
 22 Car. 2. house, cost 2o/., which the offender wisely elected to pay, 
 
 rather than have his. house pulled down, and be fined 
 
 5/. for the trespass. 
 
 Inclosures by Lord Grey of Werke, and the cutting 
 of logs by the Earl of Manchester, although admitted, 
 were not "convicted" by the Court, by reason of privi- 
 lege of Parliament. 
 
THE FOREST LA WS AND COURTS. loi 
 
 The difference in the purchasing power of money at 
 various times must of course be considered, in judging of 
 the burdens imposed by these fines. The amount of a 
 fine inflicted in the 15 th century ought, according to the 
 estimate of Mr. Thorold Rosrers, to be multiplied by six. Centuries 
 
 , . . , , . , , , ofWorkand 
 
 twelve to ascertam its present value ; and m the 13th and Wages, 1886, 
 
 14th centuries, when in Essex a hen was valued aX id., 
 
 100 eggs at 2)d., a cow at 6s. 8d., a heifer at 2s., and six ckimof 
 
 Heiuy de 
 
 sheep at ks., the difference would be much greater. cokynton, 
 
 I2Q2. 
 
 Some few fines were inflicted in the 1 8th century by inquisitions, 
 the Court of Attachments, but these were almost always 48 Ed! 3! 
 under the modern statutory powers vested in the Court ; Misc.For. 
 and there was no means of enforcing them except by roE°44.' 
 application to the justices of the peace. 
 
 The Steward of the Forest Courts. 
 
 The Court of Attachments and the Swainmote, had a 
 steward, who in modern times was appointed by the Lord 
 Warden. It was the duty of this officer to enter the 
 proceeding's of the Courts in the proper books, to enrol Memorial of 
 
 . ■■ , 1 ^1 • r T • , . , Earl Tylney, 
 
 licences eranted by the Chief Justice, and to swear in the Attach. 
 
 ^ Z , Roll, i; Sept. 
 
 Forest officers.^ 1777. 
 
 ^ In 17 19 Sir George Cooke was appointed by Chief Justice the Attach. Roll, 
 Earl of Tankerville to be Clerk of the Iter of the Forests south of Trent '3 Oct. 1719- 
 during his will and pleasure ; and this is the only entry which I have 
 found relating to this officer. It may be that the duties of Clerk at the 
 Court of Justice Seat were at an earlier date performed by the Clerks 
 
102 
 
 THE FOREST OF ESSEX. 
 
 For. Roll, 
 No. 90, 
 Harl. Rot. 
 C.C. 13. 
 
 Cli.For.Proc. 
 Waltham, 
 No. 140. 
 10 Car. I. 
 
 Hist, of the 
 Rebellion, 
 I- 324- 
 
 Rushworth, 
 8. 702. 
 
 Sometimes these officers signed the rolls as Seneschals 
 or Stewards of the Forest, which was the ancient title of 
 the Lord Warden. This was done by Thomas Powle in 
 1590, and by John Winche on the Regard and Swain- 
 mote Rolls in 1630. Their much more famous successor, 
 Oliver St. John, was content to sign himself " Steward " 
 at the foot of the Swainmote roll in 1634. 
 
 This stern Republican, who was afterwards Solicitor- 
 General and Chief Justice of the Common Pleas, is de- 
 scribed by Clarendon as a man reserved and of a dark 
 and clouded countenance^ ; very proud, and conversing 
 with very few, and those men of his own humour and 
 inclinations. 
 
 It was probably his experience at the Forest Swain- 
 mote, which suggested to him the shameful illustration 
 by which he supported his argument in favour of the 
 attainder of Strafford. " Frustra legis auxilium invocat, 
 qui in legem committit^'' he is reported to have said ; "he 
 that would not have had others to have a Law, why should 
 he have any himself? Why should not that be done to 
 him, that himself would have done to others ? It's true 
 we give Lav/ to Hares and Deers, because they be Beasts 
 of Chase. It was never accounted either cruelty or foul 
 play to knock Foxes and Wolves on the head, as they 
 can be found, because these be Beasts of Prey. The 
 
 Mat. for Hist, of Session, each of whom, as we have seen, was entitled to a fee deer, 
 of reign of ^ j j^^^g j^^j. fgund any note about the remuneration of the Clerk of the 
 p. 466 (M. i?.. Swainmote in the Essex Forest. In Rockingham Forest each of the 
 Senes). ^^q clerks had 25J. per annum. 
 
 Diary, 12th ' Pepys, who met him after his retirement at Hinchinbroke, where 
 
 October,i662. }jg ^^^^ staying with his daughter, Mrs. Bernard, says, " he looks now 
 like a very plain, grave man." 
 
THE STEWARD OF THE FOREST COURTS. 103 
 
 Warrener sets traps for Polcats and other Vermine for 
 preservation of the Warren." 
 
 In 1 64 1, Thomas Coke, one of the persons sum- ^^'J^^^e 
 moned for the perambulation of the Forest, is described 17 Car. r. 
 as Steward of the Forest; but he was probably only- 
 Steward of the Courts. 
 
 In 1 77 1 , a dispute arose about the right of Earl Tylney 
 to appoint the Steward of the Court of Attachments. John 
 Price, appointed in 17 13, and his successor, Eliab Harvey, 
 had both been appointed by the Earl's father; and on 
 the death of Harvey, in 1769, the Earl appointed John 
 Coxe to be Steward, with the assent of the verderers. roUs, 8 June, 
 But when, on his resignation in 1770, Sir James Long, Rouj^jjuiy, 
 as attorney for Earl Tylney, appointed Peregrine Bertie '7'*- 
 to the office, the verderers refused to admit the appoint- 
 ment, as being exceptionable in matter of form and law. 
 And in 1777 they repeated their refusal, and claimed the RoUs,i7Sept. 
 
 1777- 
 
 right of appointment for themselves. 
 
 The Earl and Mr. Bertie then appealed to Sir 
 Fletcher Norton, the Chief Justice of the Forests south of 
 Trent, who, on the ground that the Earl and his prede- 
 cessors were holders of the Bailiwick of all the Forest of 
 Essex and keepers and stewards of the Forest, and that 
 he and his father, in right of the said offices, had ap- 
 pointed the Steward of the Court, ratified the appoint- RoUs,i7Sept. 
 ment of Mr. Bertie, and ordered that he should be ad- '^''^" 
 mitted. 
 
 The verderers did not acquiesce in this decision ; 
 the Courts were in consequence interrupted, and their 
 powers paralysed ; and there is a hiatus in the records 
 between 29th July, 1771, and 17 th September, 1777, and 
 
I04 THE FOREST OF ESSEX. 
 
 another between 5th August, 1782, and 4th July, 1785; 
 RoUs, 4ju]y, but in 1 7 85 an entry was made on the rolls stating that 
 no Courts had been legally held during the dispute, by 
 reason of which the Forest, " as to deer and timber, have 
 laid open to depredations to all who chose to rob or tres- 
 pass on the same." And that Sir J. T. Long and the 
 verderers present, "in great respect and regard to the 
 said Sir James Tylney Long, agreed that upon the 
 resignation of Mr. Bertie he should again be appointed," 
 the entry being in the same words as were used at the 
 appointment of Mr. Coxe by Earl Tylney ; but it was to 
 be without prejudice thereafter to the rights claimed by 
 any of the parties ; and all entries made by Mr. Bertie 
 or by Mr. Hutchinson (the rival steward appointed by the 
 verderers) in the books of the Court, were to be deemed 
 null and void, and never used as records of the Court. 
 
 This practically ended the dispute ; for on the death 
 of Mr. Bertie, in 1787, the verderers assented to the 
 RoUs,26Sept. appointment by Sir James Tylney Long of Mr. Skirrow; 
 /<;. 28juiy, on his death, in 1794, to that of Mr. Bullock; and on 
 '''^''' his resignation to the appointment, in 1796, by Lady 
 
 7^.20 June, Catherine Tylney Long, guardian of the then infant 
 ''^^' Lord Warden, of Mr. Arnold. 
 
 Id. 10 Aug. The office was afterwards held by Mr. Tomlyns, 
 
 7<f. iSSept. appointed in 181 2; by Mr. Rankin, appointed in 1830; 
 /I?9ju]y, ^"^ ^" ^^31 by Mr. Cutts. Mr. J. C. Williams was 
 '^31- steward in 1849, Mr. Withers in 1864, and Mr. F. 
 
 Driving . ^^ ^ 
 
 Warrant, M. Russell in 1 87 1. Each of these officers was ap- 
 
 30 May, 1849. 1 T 1 
 
 Apptmt. pointed by the Lord Warden to be Steward of the 
 Appt'mt. Court of Attachments, and of all other Courts of the 
 
 7 July, 187 1. 
 
 Pen. Ld. Forest. 
 
 Momington's 
 Trustees. 
 
( 105 ) 
 
 CHAPTER III. 
 
 Of the Justices and Ministers 
 of the Forest. 
 
 " Wa command and strictly enjoin you to cause to come before us or 
 " our deputies in this behalf at Waltham Holy Cross ... all the 
 " Foresters, Verderers, Regarders, Agisters, Woodwards, and all other 
 " Ministers of the Forest," ' 
 
 The Forest Justices. 
 
 HE office of Master Forester and Justice of all 
 the Royal Forests in England had been filled by- 
 
 Alan de Nevill from 1 166 to 1 175, and by his son of the r. deHove- 
 same name, who during part of that time appears to have Abb. Waiter 
 acted as his deputy; but on the death, in 1184, of An. ns","^' 
 Thomas Fitzbernard, who had succeeded the elder of°Eng. 1.284. 
 Nevill, Henry II. divided the Forests into two districts, 
 one of which included those on the north, and the other 
 those on the south of the Trent ; ^ and appointed over 
 
 ' Precept of the Forest Justipes to the Custodian of the Forest of Duchy of 
 Waltham Holy Cross, 1489. RecordP'"' 
 
 " But Hoveden in another place says that in 1189 Hugo de Nevilla y^j g 
 was chief of the Justices of all the Forests in England. He was M. R. Senes. 
 called Cuuelu. 
 
io6 THE FOREST OF ESSEX. 
 
 each of them four justiciaries — two of whom were 
 knights, and two clerics — with two servants of his 
 household, to be keepers of venison and vert over all 
 other Forest officers, both of the King and of his barons 
 and knights ; and these were sent to hold Pleas of the 
 Forest according to the Forest laws. 
 
 It is difficult to distinguish between the duties in 
 these early times of the Forest justices and of the 
 steward of the Forest, as to the custody of venison and 
 vert, which Henry II. thus vested in the justiciaries. 
 The titles of warden and keeper of the Forest were borne 
 both by them and by the steward ; and that the duties of 
 the justices were not very clearly defined appears from 
 Annaies the fact that a question arose in the 13th century whether 
 
 Monastici _ "^ 
 
 (M.R. Series), the Chief Justice or the King's bailiffs^ were to be 
 
 I. 251, An. -' ° 
 
 I23S- answerable for vert and venison in the Forests. The 
 
 decision of the King in Council was that the Chief 
 Justices had the full custody of all the Forests, as well 
 those which were the King's demesnes as others ; and 
 that the bailiffs of the King's demesnes had those things 
 in the King's woods which belonged to their manors, 
 such as nuts, honey, and pannage ; and agistment by 
 view of the agisters and foresters ; and herbage for the 
 King's cattle by the view and advice of the Chief Justice ; 
 or, for the greater convenience of the King, by the view 
 of the verderers and foresters. And if there were woods 
 which did not belong to any of the King's manors, then 
 
 Matth. Paris, * Geofifty de Langley, mentioned in a later page, was the King's 
 voK*3 p.^82 bailiff as well as Justice of the Forests. 
 (m!r. Series). 
 
THE FOREST JUSTICES. 107 
 
 the Chief Justice should keep and absolutely be answer- 
 able for them. 
 
 It would probably be impossible to ascertain the 
 names of all the ancient Justiciaries of the Forest ; and 
 of many of them nothing is recorded which relates par- 
 ticularly to the Forest of Essex. 
 
 It is not quite clear whether Aubrey de Ver, Earl of 
 Oxford, was Justiciary and Master Forester, or Forester 
 of Essex (which appears to have been the same office as 
 that.of steward) in the early years of John ; when the King 
 directed him to allow certain -persons to hunt in the Forest, ciaus. Rot. 
 and to permit the Bishop of London to take a limited (r.c.))p.i29. 
 number of deer, and to make inclosures. for his cattle, pp. '140b, 146, 
 Later in the same reign, Hugh de Nevill and his son ^^^^ ^^^^ 
 each held the oificeoi Protho/orestarms or Master Forester; '7 J°i™ 
 the Lord Hugh de Nevill being also called Justiciary of p- 144, Matth. 
 the Forests in 1228 ; and in the reign of Henry III., John For. Pi-oc. 
 de Nevill, having been accused by Robert de Passelewe Antiqi^s 
 of grave offences, was heavily fined and removed from his no^.^88!' 
 office. 
 
 Passelewe, who afterwards held it, was in 1233 one Matth. Pans, 
 of the Assistant Keepers of the Royal Treasury, and by voi!2,ppf3'53, 
 the counsel and judgment of him and of Stephen de (m.'r. s.). 
 Segrave his colleague, the Bishop of Winchester, 
 is said to have managed the affairs of the whole 
 kingdom. In 1234, Passelewe was also removed, but 
 was restored in the following year on payment of i ,000 
 marks to the King. 
 
 In 1 244 he was Archdeacon of Lewes and Clerk and id. 497. 
 spiritual adviser of- the King; and in anticipation of M^aMM*^". 
 
io8 THE FOREST OF ESSEX. 
 
 Ser.), vol. 4, Finch and his colleasfues in the time of Charles I., he 
 
 pp. 400, 426, . ... 
 
 427 ; vol. 6. taught the King how to raise money by inquiring into and 
 
 levying fines for encroachments upon the Royal Forests. 
 /AHist.Ang. In 1249 he had received priest's orders, and he died 
 
 ^■^^" in 1252 at Waltham. Matthew Paris had a very bad 
 
 Id. 3. 120. opinion of him. He describes him as wholly given to 
 worldly matters, and says that though himself a richly 
 beneficed cleric, he had not hesitated to pauperize many 
 that the King by right or wrong might be enriched. He 
 was buried under a splendid tomb at Waltham, and the 
 chronicler spitefully observes that " his works do follow 
 him." 
 Matth. Par. Passelewe was succeeded in his place of Justice of 
 
 chron. vol. 3, the Forests by Geoifry de Langley, of whom the same 
 (ii. R. s.). chronicler says that that Passelewe had fostered him 
 and raised him in the world : but that after the manner 
 Id. p. 322. of the cuckoo, the nursling supplanted the nurse. Else- 
 where he tells us that, as compared with his successor, 
 Passelewe was thought to be very mild. 
 Piac. For. The Justice Seat for the Forest of Essex in 1277, 
 
 ^ ^' '■ was held before Roger de Clifford, Bartholomew de Co- 
 lumbariis, Geoffry de Piccheford, and Nicholas de Romes, 
 who are styled " Justices to hear and determine the 
 same Pleas," and not by the title used later " Justices of 
 the Forest on this side Trent." After 1277, the practice 
 was to appoint but one justice for the ordinary Forest 
 duties, assigning judges of the Common Law Courts to 
 assist him at the holding of the Courts of Justice Seat ; 
 the holder of the office of Chief Justice of the Forests 
 4th Inst. 315. being commonly, as. was said by Coke, a man of greater 
 dignity than knowledge of the laws of the Forest. 
 
THE FOREST JUSTICES. 109 
 
 Althoug-h, therefore, the Kine's writ for the holding- an ch. inq. post 
 
 ... ^ . -r. , Mort.i3Ed.i. 
 
 inquisition as to the inclosure of Nasing Park was 
 directed to Roger 1' Estrange alone as Justice of the 
 Forests on this side Trent, the Justice Seat of 1292 was ExcH. Xreas. 
 held before him and Simon de EUesworth and John de For. 
 Crokesley, justices assigned to hear and determine the 
 said pleas ; who, however, in the opinion of Mr. Foss, judges of 
 were only Forest justices. In 1301, four justices, Ralph chf^Misc. 
 de Hingham,. William Tressell, Stephen de Graveshend, Ed!\',No!n3! 
 and William de Simon, were assigned to make the 
 perambulation of the Forest of Essex. 
 
 In 1323, Aylmer de Valence Earl of Pembroke, ^'^^j^|"°''- 
 William La Zouche de Ashby, and William de Cleyden 
 were appointed justices itinerant to hold Pleas of the 
 Forest ; and Phillip de Say to act with them ; Henry ' 
 Beaufytz being also associated for the "Forest" of 
 Havering, which had been granted by Edward II. in 
 dower to his Queen Isabella. 
 
 In 1323-4, Roger I'Estrange held an inquisition excH. xreas. 
 
 In the Forest as Justice of the Forests on this side Trent. 17 Ed. 2. 
 
 In 1333. Sir Robert de Ufford was Chief Justice or 7Ed. 3, Pre- 
 sentments on 
 Warden of the Forests on this side Trent, and held inquisitions. 
 
 inquisitions at Colchester, Chelmsford, and Stratford- Treas.ofRect. 
 
 at-Bowe, on one of which John de Laidham acted as his RoUs,B°'^rs3, 
 
 deputy. ° ^ ■ 
 
 In February, 134 1-2, the warden was Sir Bartholo- i^-'&- iss. 
 mew de Burghersh, Thomas de Bourne being his deputy. 
 
 In 1344, William de Clynton, Earl of Huntingdon, M.-a.-in, 
 was warden, and John de la Lee his deputy. 
 
 In 1362 and 1365, William de Wykeham was warden, J^- RoU 37. 
 and in the latter year Peter Attewode was his deputy. 
 
THE FOREST OF ESSEX. 
 
 /rf B 1S5, In 1368 John de Foxle was warden, and Thomas de 
 
 Roll 26. . 
 
 ch. inq.post Holland in 1 379 ; Baldwin de Bereford being his deputy. 
 
 Mort.4,Rd.2. 
 
 During these fifty years and upwards, the titles 
 of warden and deputy-warden of the Forests on this 
 side Trent were alone used. But at the Justice Seat, 
 which was held in 1489 at Waltham Holy Cross, letters 
 patent were produced by which, in February, 1485-6, 
 Henry VII. appointed John Ratclyff (Lord Fitzwalter^) 
 and Sir Reginald Bray^ to the office of warden and 
 chief justice and justices itinerant of the King's Forests, 
 parks, chaces, and warrens on this side Trent, to hear 
 and determine all manner of pleas of the Forest ; and 
 chief keepers and masters of the sport of all the premises. 
 Richard Harpur was their deputy. 
 
 Their patent gave them these offices during the life 
 of them and either of them, to be exercised by them- 
 selves or their deputy, with the fees, wages, profits, and 
 emoluments from ancient times due, accustomed, or per- 
 taining to the office, and the power of appointing all 
 officers to the same office from ancient times due and 
 accustomed. Although the King thus assumed a right 
 to enable the Forest justices to appoint deputies, it was 
 doubted whether the office, being judicial, could be de- 
 puted, and authority to appoint a deputy was therefore 
 given by statute. 
 
 The Earl of Sussex was Chief Justice in 1558 ; but 
 being unable, by reason of his duty as Deputy of Ireland, 
 to attend in person at a Justice Seat intended to be held 
 
 ' Afterwards executed as an adherent of Perkin Warbeck. 
 ' The reputed architect of Henry VII.'s Chapel. 
 
 Duch. of 
 Lane. Misc. 
 Records, 
 iz Aug. 1489, 
 And see 
 Campbell, 
 Mat. for Hist, 
 of Reign of 
 H. 7, I. 249. 
 
 Duch. of 
 Lane. Misc. 
 Rec. For. of 
 Waltham, 
 1489. 
 
 32 H. 8, 
 C.3S- 
 
THE FOREST JUSTICES. 1 1 1 
 
 at Ilford on the 17 th August In that year, he appointed 
 seven deputies, viz. Sir Edward Walgrave, Sir William 
 Petre, Sir Henry Tirrell, Serjeant Browne, the Solicitor- 
 General, Mr. Barnars, and Mr. Powle, who were desired state Papers, 
 
 , Dom. Mary, 
 
 by Queen Mary to attend and execute the office. No vol. 13, No. 44. 
 records of this Court have, however, been found. Serjeant 
 Browne was probably Anthony Browne, a native of Essex, foss, judges 
 who became owner of South Weald Hall. He was a ° ^^^^ ' 
 judge of the Common Pleas in the time of Queen Eliza- 
 beth, who, in I "564, also directed him and others to act l^^'^^SP- 
 as deputies to the Earl of Sussex as Chief Tustice of the l°^- 36. , 
 
 '^ -' No. 20, 1564. 
 
 Forest. After the Earl of Sussex, Robert Dudley, Earl _ _ — 
 
 ' ■" Ch.For.Proc. 
 
 of Leicester, added the office of Lord Chief Tustice of the Bundle 130, 
 
 m. 16. 
 
 Forests south of Trent to his other numerous honours. 
 
 In 1602, Charles, Earl of Nottingham, Lord Howard ch.For.Proc. 
 of Effingham, and Lord High Admiral of England, was m. 16. ' 
 Chief Justice of the Forests south of Trent. After him 
 came the Earl of Pembroke, upon whose death Charles L, ch.For.Proc. 
 in 1630, placed the office in commission; the Earl of No. 130! 
 Manchester, Lord Newburgh, Sir Thomas Edmonds, and 
 Sir Humfry May, being the commissioners ; and Sir 
 Thomas Richardson, Chief Justice of the King's Bench, 
 and Sir Thomas Trevor, Baron of the Exchequer, being id. 
 appointed, by special warrant of the King enrolled at 
 the Justice Seat, to assist them. 
 
 In 1634, Henry Rich, Earl of Holland,^ was Chief better of Eari 
 
 . Warwick, St. 
 
 Justice, and was assisted by, amongst others, Justice Pap. Dom. 
 Jones and Baron Trevor. Both these judges had given wi. 275, 
 their opinions in favour of the right to levy ship money. st.Triais,Har- 
 
 grave, vol. i, 
 pp. 637, 663. 
 
 ' Executed by the Republicans in 1649. 
 
1 1 2 THE FOREST OF ESSEX. 
 
 ScobeU's Durinsf the Commonwealth the^ office appears to 
 
 Acts, 22 Nov. ° ^^ 
 
 1653, 30 Aug. have been in suspense, all the Royal Forests havingf by 
 
 1654, cap. 10, . 
 
 1656. an Act of the Long Parliament been vested m trustees 
 
 for sale. 
 
 st.Pap.Dom. In i67o, Aubrey de Vere, Earl of Oxford, was Chief 
 
 Car. 2, Dec. ' ' •' 
 
 1670. Justice, and Sir Thomas Fanshawe presided at the Justice 
 
 Seat held on the 30th September in that year as his 
 deputy, assisted by Sir John Vaughan, Chief Justice of 
 the Common Pleas, Justice Wyld, and Baron Wyndham. 
 
 Licence, James, Duke of Monmouth, was Chief Justice in 1675; 
 
 29 Dec, 167c. . , 
 
 and from 1701 to 1817 the office of Chief Justice of the 
 Forests south of Trent was held by the following 
 persons : — 
 
 1701. Lord Wharton. 1756- Earl of Breadalbane and 
 1 7 14. Lord Abingdon. Holland. 
 
 1716. Earl of Tankerville. 1766. Lord Monsen. 
 
 1722. Lord Cornwallis. 1767. Earl Cornwallis. 
 
 1737. Earl of Jersey. 1769. Sir Fletcher Norton, after- 
 1746. Earl of Halifax. wards Lord Grantly. 
 
 1748. Duke of Leeds. 1789. Viscount Sydney. 
 
 1756. Lord Sandys. 1800. Right Hon. Thomas 
 
 Grenville. 
 
 The Chief Justice presided at the Court of Justice 
 Seat, and with the judges assigned to assist him, exer- 
 cised the powers of the Court which are mentioned in the 
 last chapter. He continued to be appointed long after 
 the Court ceased to be held ; and his duties appear to 
 have then chiefly consisted in the granting of licences for 
 sporting, for the cutting down of woods, and the inclosure 
 of parts of the Forest wastes : in the former of which 
 
THE FOREST JUSTICES. 1 1 3 
 
 branches of industry, and in the 18th century also in the 
 others, they showed great activity. 
 
 Mr. Grenville, who died in 1821, was the last of the 
 Chief Justices of the Forests south of Trent ; the offices 
 of Wardens, Chief Justices, and Justices in Eyre of all 
 the King's Forests, Parks, and Warrens, North and 
 South of Trent, having been abolished upon the termina- 
 tions of the existing interests, by an Act passed in 1 8 1 7 ; 57 Geo. 3, 
 by which, and by later Acts, their powers and duties 10 Geo. 4, 
 were vested in and ordered to be performed, at first by '^' ^°' ^' ^^' 
 the First Commissioner of Woods, Forests, and Land 
 Revenues, and afterwards in Epping Forest, by the 29 & 30 vict. 
 Commissioners of Works and Public Buildings, without 
 salary, fee, or emolument. 
 
 The disastrous effect of this change in the govern- 
 ment of the Royal Forests, as regards Epping Forest; 
 will be shown in later chapters. 
 
 The Justices of the Forest were entitled by ancient ms. Brit, 
 custom to fee deer. To their deputy, four oaks and a Duch. of 
 buck were ordered to be delivered at the Justice Seat Rec!'pi.'For. 
 in 1489. ''^■''■ 
 
 The Lord Warden and Lieutenant. 
 
 I have mentioned that the Justices of the Forest 
 were anciently also called Wardens ; but this title was 
 afterwards specially appropriated to an important Forest 
 
I x4 THE FOREST OF ESSEX. 
 
 officer, who was sometimes called the Steward, some- 
 times the Custodian or Keeper, and in more modern 
 times the Lord "Warden. He held his office in fee, and 
 had a deputy or sub-warden, who, later, had the title of 
 Lieutenant of the Forest. 
 
 The family of Montefichet, by corruption, Munfichet, 
 
 appear to have been the earliest recorded holders of the 
 
 Dugd. Baron. Stewardship ; Richard, son of Gilbert Munfichet, having- 
 
 '•438, 439- ^^^^ appointed by Henry IL to be Forester of Essex 
 
 in as ample a manner as any of his ancestors had held 
 
 the same ; and he had also the custody of the King's 
 
 house of Havering, which office, until the year 1 709, was 
 
 always annexed to that of Steward. He was confirmed 
 
 Id. in the Stewardship in the 2nd, and died in the 5th year 
 
 of King John. 
 
 His son Richard was afterwards Steward ; but it 
 seems that he was not appointed immediately after his 
 father's death ; for it was not until the seventeenth year 
 Pat. Roll, 17 of John, that Hugh de Nevill was commanded to deliver 
 p. 144. ' ' to Richard de Munfichet the custody of the Forest of 
 Essex with the appurtenances, which the King had re- 
 stored to him as his right. 
 Matth. Paris, Richard de Munfichet was one of the rebellious 
 
 vol! '2, p.^2'12, barons who were taken prisoners at the battle of Lincoln, 
 and he was deprived of his stewardship by the judg- 
 ment of the Forest Court of which Robert Passelewe 
 was then Justice; but upon payment of a fine, in 1252 
 An inspexi- (36 Hen. IIL), was restored by the King to the "bailiwick 
 
 musofthe -,__, -^jja r 1 • • t 
 
 grant is in oi the t orest m tee. An autotype copy of the origmal 
 26* Hen. 6. rc-grant to him of the office, in the possession of the 
 
THE LORD WARDEN AND LIEUTENANT. 1 15 
 
 trustees of the late Lord Mornington, forms the frontis- 
 piece of this volume.* Munfichet was a landholder in 
 the Forest, being owner of an estate called Le Frith, in 
 Walthamstow ; and in 1253 he was licensed by the King ch^at.RoU, 
 to inclose a wood and to make assarts in Theydon. 
 
 The grant of 1252 empowered him to appoint and 
 remove all foresters and bailiffs of the Forest, in manner 
 as he and his ancestors had been theretofore accustomed 
 to do. 
 
 This right was of great pecuniary value, sums of 
 
 ' The grant runs as follows in English : — " Henry, by the grace of 
 God King of England, Lord of Ireland, Duke of Normandy and 
 Aquitaine, and Earl of Anjou, to the Archbishops, Bishops, Abbots, 
 Priors, Earls, Barons, Justices, Foresters, Sheriffs, Reeves, Ministers, 
 and all his Bailiffs and faithful people, greeting : Know ye that for a 
 fine which our trusty and beloved Richard de Munfichet hath made to 
 us, we have restored to him the Bailiwick of all our Forest of Essex of 
 which the same Richard, at the time when Robert Passlewe was 
 justice of our Forest, was deprived by the Judgment of our Court. 
 To have and to hold of us and of our heirs to the same Richard and 
 his heirs for ever, together with the custody- of our houses and our 
 Park of Haveringe, as fully and entirely with the appurtenances and 
 liberties to that Bailiwick pertaining, as the same Richard more 
 beneficially and freely held the same before the aforesaid Judgment 
 against him. And we do grant to the said Richard for us and our 
 heirs, that he and his heirs may for ever at their pleasure appoint and 
 remove all Foresters and Bailiffs of the same Forest, in manner as he 
 and his ancestors have been heretofore accustomed to do. These 
 being witnesses — Richard de Clare, Earl of Gloucester and Hertford ; 
 Roger le Bigod, Earl of Norfolk, and Marshal of England ; William Note that he 
 de Valence, our brother; William de Fortibus, Earl of Albemarle; !!i^°'i'^;^a^j'^ 
 John Mansell, Provost of Beverley; Master William de Kilkenny, shal:" see 
 Archdeacon of Coventry ; Ralph, son of Nicholas ; Bertram de SeUen's Tit. 
 Orwill ; John de Besinton ; Robert Walerand ; Reginald de Moun p. 567. ' 
 (Mohun) ; Robert le Norreys ; Imbert Pugeys ; and others. Given 
 under our hand at Westminster the 24th October in the 36th year of 
 our reign." 
 
 I 2 
 
1 1 6 THE FOREST OF ESSEX. 
 
 Rep. of Sei. from 2)Ool. to 500/. having in modern times been often 
 
 Evidence, ' paid to the Lord Warden for the nomination to the office 
 p. 71. ^ 
 
 of Master Keeper. 
 
 MS. Hari. In a grant made by Henry III. to the Abbey of 
 
 Regist.'cart. Waltham, in 1257, Munfichet is styled Warden of the 
 Waitham. Forest of Essex, and he then had Hugh de Dyne for his 
 ch. Pat. Roll, deputy. But in 1261 he is again called Steward of the 
 piac. For. Forcst. He was also Sheriff of Essex, and had the 
 R^ecdpZ ° custody of the Castle of Colchester ; and it is recorded 
 Essex' No. 2' that while holding these offices, with the Stewardship of 
 '^^^" the Forest, he appropriated to himself of the issues of 
 
 the bailiwick of Kingswood and Alrefen, rendered by 
 Symon Norman, the riding forester of that bailiwick, 
 I IS. 8d. yearly for rent certain, and 40 hens yearly and 
 500 eggs, each hen being valued at id. and each 100 
 eggs at 3(/.* These profits were retained by Munfichet 
 after he gave up the county (that is the shrievalty), and 
 until he gave up the Stewardship to Thomas de Clare ; 
 and De Clare retained the payments until he gave up the 
 office of Riding Forester of the bailiwick of Alrefen and 
 Kingswood to Ralph le Mareschall, who received them 
 for twenty years. 
 li H^l' orig ^^^ grant by which the Stewardship was given 
 
 Mom^n 'ton's "P ^^ Munfichet to Thomas de Clare was confirmed by 
 Trustees, Henry III. in 1267. 
 
 No. 561. -' ' 
 
 ch. inq. post In 1 285 Henry de Cokyntone was Steward for life 
 
 Mort. 13 Ed. I, ^_-^_, A,. ,^ 
 
 (1285). by grant from De Clare. And m 1 292 the Stewardship 
 
 PI. Kor. -"^ 
 
 20 Ed. I. 
 
 Cotto^oll ' Entries at a Court, probably of Justice Seat, held in 1250, record 
 
 xiii. 5. the claim of the Constable of Colchester Castle to 40 hens at 
 
 Christmas, and 500 eggs at Easter, and to cheminage and other 
 
 payments. 
 
THE LORD WARDEN AND LIEUTENANT. 117 
 
 was held by Nicholas Eyserewas, whose sub-steward, ^/^RgJ''^'^- 
 William de Sturtt, was committed to prison for taking 2° ^- '• 
 an oak in the wood of Wanstead when it was in the 
 King's hands for new waste; and for permitting the 
 bailiff of Eleanor d'Echalers, the lady of the manor, to 
 sell heath in the wood. 
 
 The reversion of the office appears to have passed 
 to Gilbert, the son of Thomas de Clare, in 15 Ed. I. S?^°™!!^ 
 
 Hist. 01 iiiSScx, 
 
 (1287), and from him to his brother Richard in i Ed. II. p- 169- 
 (1307). Richard's son died in 14 Ed. II. (132 1) without 
 issue, leaving his two paternal aunts, Maud, the wife of 
 Sir Robert de Wells, and Margaret, the wife of Bar- 
 tholomew de Vadelsmere, his co-heiresses. 
 
 In 1323 Sir Robert de Wells had one part of the ^^-^1% 
 Wardenship as the inheritance of his wife; and in 1338 izjuiy, 12 
 Giles, who was probably the son of Margaret de Vadels- pen. id. 
 
 ,^^.,,. /-, 1 r i-r 1 Momington's 
 
 mere, granted it to William Carleton tor hie, the grant Trustees, 
 being confirmed by Edward III. in the same year. 
 
 On a partition the office became vested in Maud or Ogbome, 169. 
 Matilda, the wife of John de Veer, 7th Earl of Oxford, Peer. ' 
 and sister and heiress of Giles de Vadelsmere. ch. inq. 
 
 In 1342 Alexander de Betoigne was Steward; and leEd.s!' 
 in 1360 Matilda, the widow of John " de Veer,"^ Earl sam"eye°ar, 
 of Oxford, granted the office to Aubrey de Veer for his xreas^'of " 
 life under a patent by Edward III. Aubrey, the loth '^^f'^^' 
 Earl of Oxford, is described as Warden in 1365, and ^J^\' 
 
 12 July, 
 34 Ed. 3. 
 
 ' In the documents relating to this family the name is written " de Lord Mom- 
 Veer" down to 1604; and the title "Oxenford" is used to 1629, xnistees 
 these being the dates of the latest original family documents to which No. 563. 
 I have had access. In the Close Rolls, temp. John, the name is " de 
 Ver." 
 
ii8 
 
 THE FOREST OF ESSEX. 
 
 Inq. at 
 Barking, 
 9 Ed. 3 ; 
 at Hatfield 
 Regis, 
 43 Ed. 3. 
 
 Morant. 
 I-S8. 
 
 Copy pen. 
 Lord Mom- 
 ington's 
 Trustees, 
 No. 564. 
 
 Exch. Treas. 
 of Rect. 
 12 Hen. 8. 
 L. R. Com. 
 1793, No. ix. 
 
 30 Dec. 1563. 
 Lansdowne 
 MSS. 6, 
 No. 47. 
 
 For. of 
 "Waltham, 
 Bodl. Lib. 
 Attachment 
 Roll, 1590. 
 For. Roll, 
 No. 90 
 (Harl. Roll, 
 C.C. 13). 
 
 as Steward in 1369, when William Langrich was his 
 deputy. 
 
 John de Veer, the 13th Earl, having been deprived 
 of his estates during the Lancastrian wars, the custody 
 of the Forest was given by Edward IV. in 1475 to Sir 
 Thomas Montgomery; and in 1484 to Robert Braken- 
 bury. In 1485 John de Veer was restored to his estates 
 and to the office. In the writ for the Justice Seat held 
 in 1489, he is styled Custodian of the Forest; and in 
 a grant made by James I. in 1603 it is stated that he 
 held the office in 4th Henry VIII. {15 13). 
 
 Sir James Blount was lieutenant in 1489. 
 
 The Earl of Oxford afterwards granted to the King 
 for life, power to appoint to the offices of Steward, of 
 one Riding Forester, and of three yeomen foresters, in the 
 three bailiwicks of the Forest ; and the office of Steward 
 or Warden, notwithstanding the limited terms of the 
 grant, remained in the gift of the Crown till the time of 
 James I. 
 
 At some time between the years 1537 and 1547, 
 Richard Rich, afterwards Lord Chancellor, and the 
 grandfather of the Earls of Warwick and Holland, was 
 Lieutenant (or, as he wrote it, "lieftunte") of the Forest, 
 as appears by his letter from his " poor house at Lees " ' 
 to Sir William Cecil, asking for leave to fell and inclose 
 the " Great and Little Shrobetts." 
 
 Thomas Powle, a master keeper in 1590, was Steward 
 of the Forest in 1594. 
 
 By the grant of 1603 mentioned above, the Steward- 
 
 ' Leighs Priory, in Essex, of which he had obtained a grant. 
 
THE LORD WARDEN AND LIEUTENANT. 119 
 
 ship, and the offices held with it, were re-granted in fee 
 to Edward, the 20th Earl of Oxford, as the male heir of 
 Earl John, who held them in 1513 ; and in whose family 
 they were stated to have been from time immemorial. 
 
 Sir Thomas Edmondes, treasurer of the King's For- ptoc. 
 
 "f Waltham. 
 
 household, was at this time Sub-steward under the title 
 of Lieutenant of the Forest. 
 
 Earl Edward, on the i8th Tune, 1604, granted the Ong. grant, 
 
 2 las, I 
 
 . Wardenship to his very good and special friends, his (pen. coiiyer 
 
 T_, ._,,.,.. ,,. , . Bristow, 
 
 " sonne-m-law, t rancis, LordNorris, and his good cossm, No. 565). 
 Sir Francis Veer," for eleven years. Letters pat. 
 
 Henry de Veer, the 21st Earl, was warden in 161 7 ; 22 May,' 
 and in 1621 he granted to Sir Thomas Edmonds, then pen. Lord 
 
 JS^ 's T'lnstccs 
 
 Lieutenant of the Forest, power to execute the office of no. 566. ' 
 Warden during the Earl's absence beyond seas. He ch.For.Proc. 
 afterwards granted the office for life to John Wright. No. iio. 
 
 In 1627, the widow of the Earl, and the Earl oi q,^^^^^,^^^^^ 
 Exeter (his trustees) . sold the offices to Robert, Earl ^gn^^o^j 
 of Lindsey, Great Chamberlain of. England, for 1,500/., no%^8!^'^^'' 
 and for the further sum of 2,000/. paid to Robert, Granti2june, 
 
 3 Car. I, 
 
 then Earl of Oxford. And in the followmg year the pen.LordM.'s 
 
 Trustcss 
 
 Dowager Countess of Oxford conveyed' the herbage. No. 569.' 
 pannage," and agistment of Havering park to Sir George 10 Nov. 
 Manners and Sir Robert Cotton, as trustees for the Earl LordM'.'s 
 of Lindsey. And thus the Wardenship of the Forest, and no. 571.' 
 the custody of Havering manor, house, and park, finally 
 passed from the De Veers, who, except during some short 
 intervals, had held them for nearly 300 years. 
 
 Robert, the ist Earl of Lindsey (who fell at the 
 battle of Edgehill), was Keeper and Steward in fee at the 
 Justice Seat of 1630; and at the Swainmote of 1631; 
 
1 20 THE FOREST OF ESSEX. 
 
 John Wright being, however, returned at the Justice Seat 
 as Steward for his life by grant of Henry, late Earl of 
 Oxford. 
 St. Pap. Sir Thomas Edmondes, at these dates, still held the 
 
 Domestic, 
 
 Nov. 1640. office of Lieutenant, in which he was succeeded by Sir 
 
 Warrant ' •' 
 
 for deer, William Hicks, who held it between 1640 and 1670. In 
 
 Aug. 1666. ' .11-1 
 
 Justice Seat, the latter year he was fined 50/. for neglectmg to publish 
 
 PI. For. to the keepers, a warrant from the Chief Justice in Eyre 
 
 for a restraint upon the killing of the deer in the Forest.* 
 
 23 Nov. 1633. In 1633 the Earl of Lindsey granted the offices to 
 
 Trustees his son and heir apparent. Sir Montagu Bertie, Lord 
 
 of Lord _ ... . - 
 
 MomingtoD, Willoughby, in consideration of the payment by him of 
 574- ' ' debts of the Earl amounting to 6,642/. Lord Willoughby 
 // Nos.'s7S," shortly after mortgaged them for 3,000/., but discharged 
 
 29 Sept. 1634 the mortgage in the same year. 
 
 ^5^77!!^'.^°'- On the death of Lord Willoughby, who had suc- 
 
 ^^^582.^^'^' ceeded to the Earldom, he was followed in the Warden- 
 indenture ship by his son. Earl Robert : whose son Robert, Marquis 
 
 30 May, 1709 . . ' T. 
 
 (penes Lord of Lindsey, in 1709, for the sum of 5,000/., conveyed the 
 
 Diary ii and ' Pepys describes Sir William Hicks' seat at Ruckholts, where (as 
 
 '3 Sept. 1665. Lord Braybrooke tells us) he entertained King Charles after hunting, 
 
 as a good seat, with a fair grove of trees by it, and the remains of a 
 
 good garden ; but let to run to ruin, and both house and everything in 
 
 and about it ill-furnished, and miserably looked after, there being not 
 
 so much as a latch to the dining-room door ; and in much discontent 
 
 with the bad dinner given to him and his friends by the Lieutenant 
 
 (to which they had invited themselves), Pepys accuses him of all kinds 
 
 of meanness. Sir William Hicks, who was an ancestor of Sir Michael 
 
 Edward Hicks-Beach, lately Chancellor of the Exchequer and Secretary 
 
 for Ireland, died in 1680. In his monument in Leyton Church he is 
 
 Lyson's Env. represented in a recumbent position, holding a baton in his hand as 
 
 of London, Lieutenant of Waltham Forest, 
 vol. 4, p. 166. 
 
THE LORD WARDEN AND LIEUTENANT. 121 
 
 Wardenship alone, without the right of custody of the ^^™™f'°*'''' 
 manor, King's house, and park of Havering, to Sir No. 589). 
 Richard Child : to whom the Dowager Countess of Lind- indenture 
 
 ° 16 May, 1710. 
 
 sey, in the following year, released her right of dower on id. No. 592. 
 payment of the further sum of i ,600/. 
 
 Sir Richard Child, afterwards Earl of Tylney, was 
 the son of Sir Josiah Child, the builder of Wanstead 
 House; of which Evelyn in his Diary notes how, in 1683, Vol. a, p. 182. 
 he went to see Sir Josiah Child's prodigious cost in 
 planting walnut trees about his seat, and making fish- 
 ponds many miles in circuit in Epping Forest in a barren 
 spot.^ 
 
 In 1 709, William Harvey held the Lieutenancy of Sched. to 
 
 the Forest for his life; and at the Court of Attachments 30 May, 1709. 
 
 held on nth February, 1719-20, the Lieutenant was for 
 
 the first time included in the list of officers at the head 
 
 of the roll of that Court, and was always afterwards 
 
 named there. 
 
 Mr. Harvey held the office until November, 1731, RoUs.zgNov. 
 
 1731. 
 and Sir Richard Child, then Earl of Tylney, is entered 
 
 as Lieutenant from that time until June, 1733 ; when his 
 
 son. Viscount Castlemain, was sworn as Lieutenant in Rolls, njune, 
 
 . / . 22 Nov. 1733. 
 
 the room of William Harvey, deceased. 
 
 After November, 1733, no Lieutenant is named on 
 the rolls until May, 1743, when Lord Castlemain was Rolls, 7 May, 
 again sworn as Lieutenant. 
 
 ' According to Mr. Johnston's note in Mr. Buxton's Guide to the 
 Forest, the trees were planted under Evelyn's direction. Evelyn 
 certainly does not say so ; he seems to have made only a casual visit 
 to the place. 
 
1 2 2 THE FOREST OF ESSEX. 
 
 Attachment Qii the death of Richard Earl Tylney in 1749, John 
 
 Roll, 23 Dec. 
 
 1749. Lord Castlemain succeeded to the Earldom, and to the 
 
 Grant of office r t • • i 
 
 of Master office of Warden ; and the office of Lieutenant remained 
 
 Keeper to iit-iiii -j 
 
 Saiwey, vacant until 1754, when the Earl by deed appointed 
 
 ^pen"i.or<i° Smart LethieuUier of Aldersbrook to be Lieutenant 
 
 TmTt™ef).°" ^ during his pleasure ; and although within the last 
 
 Rou,''8'juty, twenty-one years two of his predecessors had been 
 
 '''^'^" sworn into the office, an entry appears on the rolls that 
 
 Mr. LethieuUier tendered himself to take the oath, " but 
 
 there not appearing to be any oath annext to his office, 
 
 he was not sworn." According to the memoranda 
 
 relating to Waltham Forest, the oath was the same as 
 
 that taken by a forester, except that for the words " office 
 
 of a forester" in the first clause, the office of Deputy 
 
 Warden or Lieutenant was substituted. 
 
 /A 27 Sept. In 1 76 1, Earl Tylney appointed John Henniker of 
 
 /i?. 19 Oct. Newton Hall, afterwards Sir John Henniker, Bart., and 
 
 later Lord Henniker, to be Lieutenant during his life, 
 
 he covenanting to support and maintain the vert and 
 
 venison and all the privileges of the Forest, and of the 
 
 Earl of Tylney as Chief Warden. 
 
 Lord Henniker retained the office till his death, and 
 Rolls, 13 June, was Succeeded in 1803 by Mr. Samuel Bosanquet, who 
 \dX?, July, is not stated to have been sworn. He died in 1 806, and 
 '^°^' T Colonel John Bullock was sworn Lieutenant in 1807. The 
 
 Id. IS June, ■> ' 
 
 1807. office was vacant from 1810 to 181 1, in which year Sir 
 
 Id. 10 August, 
 
 i8i2. William Smijth, Bart., was appointed. He died in 181 7 ; 
 
 1817" ^^'' but it was not until 1830 that a record appears of the 
 
 fs'J^^^^'-" appointment in his place of Admiral the Right Hon. 
 
 Sir George Cockburn, with whom worthily ended the long 
 
 line of the Sub-stewards or Lieutenants of Waltham Forest. 
 
THE LORD WARDEN AND LIEUTENANT. 123 
 
 In the meantime John, the 2nd Earl Tylney, who ^^^-^^"^^ 
 died in 1784, devised the office of. Hereditary Lord Treasury and 
 
 report, 23 
 
 Warden, as it was now called, to his nephew. Sir James Jan- 1787 
 
 T-IT r ^' ..- (Lord Mom- 
 
 1 ylney Long, for life, with remainders over m tail ; and ington's 
 
 Trustees 
 
 on the death of Sir J. T. Long, in 1794, he was sue- nos. 593, 
 
 ceeded by his son of the same names ; during whose life AttachiAent 
 
 (he being a minor) Lady Catherine Tylney Long, his 1785'. "^' 
 
 mother and testamentary guardian, exercised his powers, viscount 
 
 He died in 1805, and was succeeded by his sister, 1850.^^^^' 
 
 Catherine Tylney Long, also a minor; of whom, in 181 2, Rou'^e'jX 
 
 it is recorded in the rolls of the Court of Attachments, that j-^^^-^ , ^ 
 
 *' since the last Court Miss Catherine Tylney Long was '''9'^- 
 
 ■^'^•9 July. 
 married to William Wellesley Pole, Jun., Esq., and they 1806. 
 
 took the names of William Pole Tylney Long Wellesley' 1812? "^^ ' 
 
 and Catherine Tylney Long Wellesley ; and thereupon 
 
 the said William Pole Tylney Long Wellesley and 
 
 Catherine Tylney Long Wellesley ' are warden ' of the 
 
 Forest in right of the said Catherine Tylney Long 
 
 Wellesley, and Mr. Long Wellesley took his seat at this 
 
 Court accordingly." 
 
 Except in a very few instances, when during the 
 minorities of the two last wardens, the Courts of Attach- Attachment 
 ments had been held before the Lieutenant of the Forest 1803^;' 10 June 
 ,and one or two verderers ; and on two occasions during i8o5727"ju'ne 
 the same period, when it was irregularly held before a i8o8;i9":^ne' 
 Riding forester and a Master keeper only, some, or, very 'g°|^ ^ ^g^ . 
 rarely, one alone of the Verderers, had presided at all 27 May, 181 1. 
 
 ' Horace Smith, for the sake of his metre, took a great liberty with 
 the Lord Warden's name in the line 
 
 " Long may Long Tylney Wellesley Long Pole live." 
 
1 24 THE FOREST OF ESSEX. 
 
 Coke,4thinst. the Courts of which the records are extant; and this was 
 
 289, 282. 
 
 Manwood, strictly in accordance with the Forest law, which makes 
 
 ^'°^' ^^' the verderers the judges of this Court. 
 
 The name of the Warden of the Forest did not 
 appear at all at the head of the Attachment Roll, among 
 
 Attachment the officers of the Forest, until the year 1745 >' "o^ that 
 
 1745;' " ' of the Lieutenant until 1719-20. But from the time of 
 Mr. Long Wellesley's accession, he seems to have 
 assumed a right to preside at the Court, and to take 
 precedence of the Verderers ; and he caused the names 
 of himself and his wife to be placed at the top of the 
 roll, the other officers being entered in the following 
 order: — Verderers, Lieutenant^ Riding forester. Purlieu 
 ranger. Master and Underkeepers, Under purlieu ranger, 
 Woodward, and Beadle. 
 
 Mr. Long Wellesley continued to preside from 
 1 81 2 to 181 7, generally with several, but sometimes 
 with only one, of the verderers. The Courts then 
 ceased for thirteen years, and when they recommenced 
 
 Attachment in September, 1830, we find him again presiding: with 
 
 Rolls, iSSept. ^, , /,,TT T,^ 
 
 1S30. one or more of the verderers (Mr. Henry John Conyers, 
 
 who was one of them, being usually present) until the 
 year 1832. The Courts then again ceased for eleven years, 
 and from the year 1843, when they were resumed, until 
 the last Court entered on the rolls, which was held on 
 6th December 1848, the Warden did not appear, and 
 the Court was held before the Verderers only. 
 Original in But at a Court held on 15th January, 1849, of 
 
 woodl which a note has been preserved, the Warden, then Earl 
 of Mornington, not only insisted upon his right to pre- 
 side, but declared that the Verderers were only the jury 
 
THE LORD WARDEN AND LIEUTENANT. 125 
 
 to take care of the rights of the freeholders ; and that, 
 although he was ready to receive any suggestions from 
 the verderers, he reserved to himself the right to decide 
 any question that might come before the Court. 
 
 This claim he made by way of protest against any 
 interference under the Act of 10 George IV., c. 50 
 (which empowered the verderers to call the Court, and 
 to punish offences), with the supposed rights of the 
 Warden. It seems clear, however, that the contention 
 of the Warden was unfounded. 
 
 The Lord Warden, supported by Mr. Conyers, then 
 required the Steward of the Court to deliver up the 
 Court books, which he refused to do without the joint 
 authority of the Warden and the verderers, (it being the 
 duty of the latter to keep them,) and payment of his 
 account; alleging that he had never been paid a farthing 
 by the office of Woods and Forests. Finally the Warden 
 and the Verderers agreed that the former should preside 
 as Lord Warden for that day, that the opinion of coun- 
 sel should be taken, and that another Court should be 
 held as soon as possible. The usual business was then 
 transacted, but no further Courts were held at that time, 
 and the pretensions of the Warden had no practical 
 result. 
 
 On the death of the Earl of Mornington in 1857, he 
 was succeeded in his title and in the office of Warden by 
 his son, William Richard Arthur, who, on the dis- 
 afforestation of Hainault Forest in 1851, received 5,250/. Rep. of Sei. 
 as compensation for the loss of his office in that part of E^'dence/' 
 the Forest. He died in 1863, having by his will devised ^' "'" 
 
1 2 6 THE FOREST OF ESSEX. 
 
 the office of Warden of the remainder of the Forest to 
 Mr. Richard Bulkeley Glasse, Q.C., and Mr. Andrew 
 Alfred Collyer Bristow, as trustees ; and they held it 
 when it was finally abolished on the disafforestation of 
 Rep. ofEp. Epping Forest in 1878, and were awarded 300/. by the 
 
 For. Com. of - . 
 
 Corp. of arbitrator as compensation. 
 
 London, 1S83, 
 p. 19. 
 
 Besides the right of appointing foresters and bailiffs, 
 the Steward was anciently entitled to other valuable 
 PI. For. privileges. Henry de Cokyntone, who became Steward 
 Exch.Treas. in or before 1285, in succession to Thomas de Clare, 
 claimed in 1292 to have 20 marks sterling pertaining to 
 his bailiwick from the farm of his foresters ; that is to 
 say, of the forester of the hundred of Bekentre 5 marks ; 
 of the forester in the hundreds of Chafford and Bard- 
 staple 40.y. {i.e., 3 marks) ; of the forester in the hundred 
 of Chelmsford and Daneseye 40.^. ; of the forester in the 
 hundred of Wyham (Witham) 405-. ; of the forester in 
 the hundred of Herlawe and Dunmawe 405-. ; of the 
 forester in the hundred of Aungre 405-. ; and the power 
 of appointing all the foresters in these hundreds, which 
 were included in the Forest at the date of this claim. 
 
 De Cokyntone also claimed the custody of the 
 King's houses, park, and outlying woods in Havering; 
 and cheminage in the bailiwick of Havering; viz., from 
 every cart carrying timber, brushwood, bark, and coal 
 (charcoal), \d. yearly, except during the interval between 
 the Feasts of St. Michael and St. Martin which belonged 
 to the farm of the said town. Also windfallen wood, and 
 bark of timber trees in the park and wood, except timber 
 and windfallen wood in the outlying wood, between the 
 
THE LORD WARDEN AND LIEUTENANT. 127 
 
 same feast days, which pertained to the farm of the said 
 town. 
 
 The rights of the Warden were somewhat differently- 
 described by Edward de Veer, Earl of Oxford, who held Demise 
 
 . . i8 June, 1604. 
 
 the office in 1604. He claimed the right to substitute 2 jas. i 
 a Lieutenant, and to appoint and remove one Riding of Lord 
 forester and three Yeomen foresters ; a right to all waifs No. 565). 
 and strays ; to all deerfallen wood or browsing wood ; ^ 
 to all amerciaments arising from the Swainmote and 
 other Courts called Wood Courts,^ except those for 
 venison and bodies of oaks ; to receive a penny of each 
 shilling from the sale of every covert and hedgerow ; 
 from every wood sold within the Forest, the second best 
 oak, and from the buyer and seller of every such wood, 
 one bow and one broad arrow ; and one penny of every 
 shilling on the sale of the wood : the oak and the broad 
 arrow by delivery to the Lieutenant of the Forest, and the 
 penny of every shilling by the hands of the Forester of 
 the bailiwick in which the covert, hedgerow, or wood 
 happened to be ; and also in right of his office the 
 custody of the manor, house, and park of Havering. 
 All which, he added, had rightfully descended to him 
 from his ancestors " Erles of Oxenford." 
 
 ' Wood cut for the shelter of the deer. According to the Ancyent 
 Forest Lawes the browse wood was to be " no bigger than an inch 
 boure, nor heavyer than a deere may turne upp w"" his home." But Letters of 
 according to Articles of Instruction dated in the same year as this ?5'5'^^^' 
 claim, every keeper was entitled to a certain stinted allotment of 13 Jas i. 
 "browst" or browse wood for "his fewell," and the rest was to be 
 sold for his Majesty. 
 
 '^ The Court of Attachments. 
 
1 2 8 THE FOREST OF ESSEX. 
 
 Claim No. 41. Thcsc claims were repeated in almost the same 
 
 language by his successor the Earl of Lindsey in 1634 J 
 and he in addition claimed cheminage within the Forest 
 yearly during fifteen days before and fifteen days after 
 the Nativity of St. John the Baptist (this being the fence 
 month), i.e., of every carriage 4^^., and of every waggon, 
 cart, or dray 2d., led or going through the street of 
 Stratford Langthorne within the Forest ; and for every 
 load of hoops /\d., led or going through the said street; 
 and for every pack of wool in a carriage or cart or on 
 horseback d^d. ; and for every half pack of wool 2d. 
 carried as aforesaid, and going through the said street ; 
 and for every horse burdened with any load tied with a 
 "wantye"' led or going through the said street 2d. 
 He also claimed a gaol or prison in Stratford Langthorne 
 for the safe custody of trespassers or malefactors arrested 
 or committed to prison for crimes against the Forest 
 laws, by the justices or other ministers of the Forest; and 
 power to appoint a gaoler, who was to receive the same 
 fees, wages, allowances, and perquisites, as the gaoler of 
 the county gaol received for prisoners committed for any 
 cause except treason or felony. 
 
 This part of the claim was founded upon a grant 
 
 22 May, made by James I. in 161 7, empowering Henry de Veer, 
 
 pen. Lord ' Earl of Oxford, then Warden, to erect a prison for of- 
 
 Trustees, fcndcrs against the Forest laws, who (says the charter^ 
 
 No. 566). r r ■, • . , . , ^^ -^ ^ 
 
 for want of such a prison withm the Forest were daily 
 
 encouraged and emboldened to commit many insolent 
 ' A leather tye or rope. — Halliwell. 
 
THE LORD WARDEN AND LIEUTENANT. 129 
 
 and insufferable offences within the Forest, as well by- 
 huntings and killing- our deer as otherwise. 
 
 The thrifty King, however, took care to stipulate 
 that the Earl should provide an able and sufficient keeper 
 of the prison "without demand of any fee, stipend, or 
 allowance from us, ourheires or successors, for the same." 
 
 This prison still existed in 1793 ; but has since been j^'^^^.f- °^ 
 taken down. '793- 
 
 In the time of Henry VIII. both the Warden and the 
 Lieutenant had fee deer. 
 
 At the Justice Seat in 1489 the latter was ordered 
 to have one male deer ; but in 1 793 Sir John Henniker id. App. 
 
 r No. 12. 
 
 claimed one buck and one doe annually from each walk 
 
 in the Forest, which was no doubt in excess of his right ; 
 
 as was also the claim of Sir James Tylney Long, the 
 
 Lord Warden, to red and fallow deer without stint. Sir id. 
 
 J. T. Long also claimed, and was shown to have had for 
 
 some years, 100 loads, or 10,000, of faggots cut yearly in 
 
 the King's wood (Hainault); but it was considered by 
 
 the Commissioners of Land Revenues that this was pro- id. No. 19. 
 
 bably an usurpation of the fee wood of the keepers, as it 
 
 is not mentioned in any of the Wardens' claims, or in the 
 
 order of the Court of Exchequer relating to the fee wood 
 
 of the Forest officers in the time of Queen Elizabeth. 
 
 F. K 
 
I -,o THE FOREST OF ESSEX. 
 
 The Verderers. 
 
 Manwood, jhe Verdcrers (viridarii) were judicial officers, and 
 
 have been thought to be the successors of the four chief 
 men (primarii) who were appointed by Canute's Forest 
 law to do justice in the Royal Forests. 
 
 There were certainly four verderers in Waltham 
 
 4tii Inst. 293. Forest from the 15th century; and this is said by Coke 
 to be the proper number ; but as there were always more 
 before that time, the identity, so far as it depends upon 
 their number, cannot be shown, nor do I find that the 
 Waltham Forest verderers ever claimed to be so de- 
 scended. 
 
 Cotton The first mention which I have found of the Verd- 
 
 erers of Waltham Forest is at the Court held in 1250, 
 when eighteen verderers are named ; viz., two for the 
 hundreds of Tendring and Lexinden, two for Thurstapele 
 and Wensetri, three for Wyham and Felstede, four for 
 Chelmersford and Danesei (two for each), two for 
 Berdestaple and Chafford, one for Chelmersford in the 
 parts of Writele, two for Aungre, and two for the half 
 hundred of Wantham. 
 
 piac. For. At the Justicc Seat of 1277, we have the names of 
 
 three verderers for the half hundreds of Lexden, 
 Winstree, and Thurstable, two for the hundred of Ongar, 
 and two for the hundred of Wantham. 
 
 inq. post Again, at an inquisition made at the Cross of 
 
 Moit.i3Ea.r. ^ 
 
THE VERDERERS. 131 
 
 Husse in 1285, fifteen verderers of Ongar and other 
 Regards are named. 
 
 In 1292 and 1323, there were also two for each of 
 the hundreds of Waltham and Ongar alone ; but in and 
 after 1489, the number for the whole Forest was only 
 four. It seems probable that the number of verderers 
 was so fixed soon after the date of the Forest ordinance 
 of 34 Ed. I. (1306), the provision of which, that the § 2. 
 officers " shall be put in as heretofore it hath been used 
 to be, except the verderers, who shall be ordained by- 
 election and by our writ," shows that the verderers had 
 not theretofore been so chosen. 
 
 The writ was directed to the sheriff of the county, 
 who, in obedience to it, caused a verderer to be elected Attachment 
 by the freeholders of the county, and sent the writ, with 1743.' 
 his return of the result of the election, to the Petty Bag. 
 Office in Chancery, where it was filed among the records 
 of that Court.^ 
 
 A certificate of the writ and return was then made 
 by a clerk of the Petty Bag Office, and was read at, and 
 entered on, the records of the Forest Court of Attach- 
 ments; after which, and down to 1792, the verderer was 
 sworn before that Court. But in 181 2, Mr. Lockwood, 
 
 ' The cost of election was sometimes 500/. or 600/.; but on the 
 occasion of a contest between Colonel Burgoyne and Mr. Bosanquet, 
 they kept the poll open for fourteen days, and brought people from all 
 parts of the county, at a cost to Mr. Bosanquet of 7,000/., and to Rep- of Sel. 
 Colonel Burgoyne of 10,000/. " I believe it was the point of honour Evidence^' 
 which caused the contest," said Colonel Palmer. The election p. 22. 
 referred to was, I suppose, that of 1798, when Montagu Burgoyne ^",?'^'*'"t"f 
 was elected a verderer in the room of Richard Lockwood. 1798.' ' '^' 
 
 K 2 
 
1 3 2 THE FOREST OF ESSEX. 
 
 Attachmeut ^ho was chosen verderer on the appointment of. Sir W. 
 
 Roll, 10 Aug. ^ '■ 
 
 i8>2- Smijth to the Lieutenancy of the Forest, was sworn by 
 
 the sheriff. 
 
 Memda. de A Verderer was sworn truly to serve the Kinef in the 
 
 Foresta. -^ ° 
 
 office of verderer in the Forest of Waltham ; to the utter- 
 Manwood, most of his power and knowledge to do for the profit of 
 4 Inst 292 the King so far as it appertained to him to do ; to pre- 
 1649, fo. 297. serve and maintain the ancient rights and franchises of 
 the Crown ; not to conceal from his Majesty any rights or 
 privileges, nor any offence either in vert or venison, nor 
 any other thing ; not to withdraw or abridge any default, 
 but to endeavour to manifest and redress the same ; and 
 if he could not, then to give knowledge thereof to the 
 King or his Justice of the Forest ; to deal indifferently 
 with all the King's liege people ; to execute the laws and 
 assises of the Forest, and do equal right and justice as 
 well to the poor as to the rich in what appertained to his 
 office, and not to oppress any person by colour thereof 
 for any reward, favour, or malice. 
 
 The verderers were to be esquires or gentlemen of 
 Mamvood, good account, ability, and living, wise and discreet men, 
 and well learned in the laws of the Forest. They were 
 the judges of the Court of Attachments, and presided at 
 the Swainmote, and had the custody of the rolls of the 
 Forest Courts. When they took an inquisition one sealed 
 and another kept the roll, and so from one Forest Court 
 Cons, et Ass. to another. On the coming of the justices all the minis- 
 
 de For. Ruff- •' 
 
 head, St. ters presented the roll, or were fined. 
 
 p. 2b. ' ■ If a verderer died, his heirs or executors were bound 
 
THE VERDERERS. 133 
 
 to bring such of the rolls as came into their possession to charge of 
 
 t-- J- 1634. 
 the next Court. It was probably for this purpose that Hari. ms. 
 
 Elias, the son and heir of Hamo the Clerk, a former 
 
 verderer, appeared with the verderers at the Justice Seat 
 
 in 1277. 
 
 In 1670, at the Justice Seat, the sheriff was ordered 3° Sept. 1670 
 
 Plac. For. 
 
 to seize the lands of the verderers who were dead, and of excH. xreas. 
 the heirs not bringing in the rolls, until they delivered County Bags, 
 
 "F.sqpY No 8 
 
 the rolls and made fine ; but Mr. Carew Mildmay pre ■ 
 senting all the rolls, the order was discharged. 
 
 The verderers were entitled to fee deer at the sitting 
 of the Court of Justice Seat, as appears by the warrant of Duchy of 
 the Justices in Eyre in 1489 already noticed; and in mlsc. Rec. 
 modern times at least they had no other remuneration.' 
 In 1582, amongst other officers to whom woods were said Lansd. ms. 
 to have been delivered without warrant, each of the four 34 euz. 15. 
 verderers had five loads. Ten years later complaints cyiTcn, 
 were made against them for taking this wood, and their ^^' '^' 
 right to do so was disallowed by an order of the Court of 
 Exchequer. " ■ 
 
 The powers of the verderers, except their small juris- 
 diction as to vert, were practically limited to inquiry into 
 matters presented at the Court of Attachments by the 
 Forest officers ; and an excess of their jurisdiction was 
 punishable by a severe fine, as was experienced by the 
 
 * The fee in modern times was said to be two bucks and a doe Sel. Com. 
 
 annually, which the verderers did not often get. i863,Ev.p.22. 
 
 In Rockingham Forest each of the four verderers received 25^. per Hist, of H. 7, 
 
 annum. 1489. vol. 2, 
 
 p. 466 (M. R. 
 S.). 
 
1 3 4 THE FOREST OF ESSEX. 
 
 pkc. For. 22. verderers of Waltham Forest in 1670, when each of them 
 Car. 2. ^ . ' . , . 
 
 was fined 20/. at the Justice Seat for discharging a man 
 
 taken in the fact of killing a stag, and distributing the 
 Consuet. et fine at their pleasure ; this being in breach of an ancient 
 cott! M.^s.""^' law, that a person taken for killing a wild beast in the 
 Vesp. B. 7. p^j-gg^ without warrant, was not to be set free but by the 
 
 special order of the King or his justices. 
 
 The discontinuance of the Justice Seat and the 
 Swainmote having left the ministers of the Forest without 
 power to prevent the numerous inclosures of parts of the 
 
 52 G. 3, c. 161, waste, an Act was passed early in the present century by 
 which power was given to the verderers to inquire into 
 unlawful inclosures and purprestures, and to prosecute the 
 offenders in the Court of Attachments ; to inflict fines not 
 exceeding 20/., and to abate the inclosures; with sum- 
 mary powers of recovering penalties before a justice of the 
 peace. But if the person accused insisted that the land 
 in question was not within the bounds of the Forest, the 
 verderers were not to convict, but were to certify the pre- 
 sentment to the Attorney-General. The Inclosers were 
 not slow in acting upon this proviso, and as the Attorney- 
 General did not interfere when the inclosures were small, 
 
 10 Geo. 4, the Act was practically useless ; as was also another Act 
 
 C, '\0 SS. 101 
 
 102, ':o4. ' of the sam.e kind which was passed in the following reign. 
 
THE FORESTERS. 1 3 5 
 
 The Foresters. 
 
 The Forester, or keeper of the King s wild beasts, was Memoranda 
 
 „ . , . ,, . -r- deForesta. 
 
 sworn to execute his office in his walk in the I* orest ; to 
 be of good behaviour himself to the King's wild beasts, 
 and the vert of the Forests ; not to conceal the offence of BookofOaths, 
 any other person either in vert or venison done within his °' °°' 
 charge, but as well the same offence as also all offences 
 to present at the next Court of Attachments or Swain- 
 mote, which should first happen to be holden for the 
 Forest ; and to the uttermost of his power to maintain 
 and keep the assise of the Forest,* and in all things the 
 King's right defend concerning the same [and be loyal 
 and true to the Warden and Lieutenant of the Forest^], so 
 long as he should be keeper there. 
 
 The Charter of the Forest, probably in consequence 
 of the appointment of an excessive number of foresters, 
 directed that so many should be appointed for the custody § 7. 
 of the Forests, as by view and oath of the twelve Regarders 
 when they made their regard, should seem reasonably 
 sufficient for the keeping of them; and "whether the 
 fforesters be soe manie as they ought to be, or more than 
 is fitt to be," was one of the inquiries which the grand § lo. 
 
 ' "The King commands that all his foresters shall swear to keep AssisaH. zde 
 to the utmost of their power the assise of his forests." Foresta, § 6. 
 
 "^ The bracketed words are only in the Memoranda of Waltham 
 Forest, and are doubtless interpolated. 
 
136 
 
 THE FOREST OF ESSEX. 
 
 jury were charged to make at the Court of Justice Seat 
 for Waltham Forest in 1634. 
 
 See Conyers' 
 Answer to 
 Inquiries, 
 14 Nov. 1788. 
 
 The grant of the Stewardship of the Forest to 
 Richard de Montfichet, in 1252, included the right to 
 appoint and remove all foresters and bailiffs of the 
 Forest ; and this right was exercised by the Stewards 
 and Lords Warden down to the latest times as to all the 
 foresters except those who held their offices in fee ; and 
 who, in the Forest of Essex, were much fewer in number 
 and less unfortunate than their brethren of Inglewood 
 Forest, slain by Adam Bell and his comrades in their 
 raid upon Carlisle ; when 
 
 Adam Bell, 
 Clymof the 
 Clough, and 
 William of 
 Cloudesley. 
 
 ' The baylyes, and the bedyls both, 
 And the sergeauntes of the law, 
 And forty fo'sters of the fe, 
 These outlawes had yslaw." 
 
 9 Hen. 3, §16, 
 4th Inst. 315. 
 
 Writ, 9 May, 
 1225. Pat. 
 RoU, 9 H. 3. 
 
 The Charter of the Forest imposed upon foresters 
 in fee (whose office being in trust for the King could not 
 be granted over without licence) the duty of making 
 attachments and presenting them to the verderers of the 
 provinces; and when these were inroUed and inclosed 
 under the seals of the verderers, they were to be pre- 
 sented to the Chief Justices of the Forest when they 
 came to hold pleas of the Forest, and were to be 
 determined before them. 
 
 The foresters in fee also assisted the knights, 
 who made the perambulations of the Forest under the 
 Charter. 
 
Tal'acr ocui&i37. 
 
THE FORESTERS. 137 
 
 The foresters, who about the end of the 15th 
 century were divided into Master Keepers (with one 
 Riding Forester), and under keepers, were before that 
 time commonly, but not always, called Riding Foresters, 
 and Walking or Yeomen Foresters; and the Riding 
 Foresters appear to have performed in the intervals be- 
 tween the Regards of the Forest, tke same duties which 
 on the latter occasions belonged to the Regarders ; the 
 oaths taken by each class of officers being alike, except Memoranda 
 the formal words relating to the office of Regarder. 
 
 In 1 2 150 they are called Foresters and Sub-foresters Cotton RoU 
 on the roll of the Court. There were then in Tendring 
 and Lexinden two foresters ; in Thurstapele and Wen- 
 setri one forester and three sub-foresters; in Wyham 
 and Felstede one forester and two sub-foresters; in 
 Chelmersford and .Danesei one forester and three sub- 
 foresters ; in Berdestaple and Chafford the like ; in the 
 parts of Writele, in Chelmsford, two foresters ; and in 
 Aungre and Waltham, one forester and three sub- 
 foresters. 
 
 At the end of the 13th century there were nine Treas. of 
 
 . Rect. For. 
 
 Riding foresters in Essex, each having charge of a RoUs, Essex, 
 separate district or bailiwick. 20 Ed. i. 
 
 One had the bailiwick of Becontre hundred, and under 
 him one yeoman forester at Stratford, of whom he re- 
 ceived yearly two marks {26s. 8d.) ; and another at 
 Barking, of whom he received yearly three marks (405-.). 
 He rendered to the Steward of the Forest yearly for his 
 bailiwick five marks. 
 
 Another had the bailiwick of Brentwood, that is to 
 
138 THE FOREST OF ESSEX. 
 
 say, the hundreds of Chafford and Barstaple. He rendered 
 to the Steward yearly 40ir., and had under him three yeo- 
 men foresters, from each of whom he took one mark. 
 
 Another had the bailiwick of Chelmsford and Danes- 
 eye, which extended in Daneseye from the town of St. 
 Peter atte Wall to the Foldhatch, and from the bridge 
 of Heybridge (Abridge) to the ford of Brickesheth ; 
 and in the half hundred of Chelmsford, from Brecke- 
 ford bridge to the bridge of the priory of Leyes 
 (Leigh), and from the town of Dronewell (? Runwell), 
 including the same town, through the middle of the 
 town of Chelmsford, as far as the boundary of the liberty 
 of Writele. He rendered to the Steward 40s., and 
 also had under him three yeomen foresters, of each of 
 whom he took one mark. 
 
 Another Riding forester had the bailiwick of the 
 half hundred of Witham, which extended from Cogges- 
 hall to Boreham, and from Little Keynes to Tiptree. He 
 also rendered 40^. to the Steward, and had under him 
 two yeomen foresters, of each of whom he took 205-. 
 
 In the bailiwick of the hundred of Dunmawe and 
 Herlawe, which extended in Dunmawe from Dunmawe to 
 Pleciz (Plassey), as far as Mathinge Green, and from Little 
 Norton St. Martin to Stanstrete, and in Herlawe from 
 Bettisso Bridge in Roydon to Martinsford, and to Welde 
 Park as far as Herlawe Mill, there was also a Riding 
 forester who rendered 40s. to the Steward, and had 
 under him three yeomen foresters, of each of whom he 
 took one mark. 
 
 And in the bailiwick of Aungre, which extended from 
 Bockhurst to Roynge (Roding) Beauchamp, and from 
 
THE FORESTERS. 139 
 
 Royne Wood to Benecleye, was another Riding forester, 
 who also rendered yearly for his bailiwick 40^., and 
 had under him two foresters, from each of whom he 
 took 20s. 
 
 All these six were removable at the pleasure of the 
 Steward of the Forest, and each of them took for chemin- 
 age (that is, toll for wayfarage through the Forest) in his 
 bailiwick, four pence yearly for each cart carrying timber, 
 brushwood, bark, and coal (charcoal). 
 
 This, however, was an illegal demand ; for, accord- 
 ing to the Charter of the Forest, made nearly seventy 9 h. 3, § 14. 
 years earlier, no forester not a forester in fee paying the 
 King farm for his bailiwick might take cheminage. It 
 was only a forester in fee, paying farm to the King* for 
 his bailiwick, who had a right of cheminage, viz. : for 
 carriage by cart, the half-year, two pence ; and for 
 another half-year, two pence ; for a horse that bore loads, 
 one halfpenny by the half-year, and by another half-year, 
 one halfpenny; and this only of those who came as 
 merchants from without the forester's bailiwick, by 
 licence, to buy and sell again bushes, timber, bark, and 
 coal in his bailiwick ; but for none other carriage by cart 
 should cheminage be taken ; and it should be taken only 
 where it used to be taken. And those who bore on their 
 backs brushment, bark, or coal, though it was their living, 
 were to pay no cheminage to the King's foresters [except 
 they took it in the King's demesne woods.] 
 
 ' Among the documents relating to the Justice Seat of 1292, is a Treas. of 
 petition (which, however, has no signatures) claiming freedom from f^'ro^ ' 
 cheminage, because the bailiwick of the forestership was in fee, not Essex, No. 2. 
 rendering a farm to the King. 
 
140 THE FOREST OF ESSEX. 
 
 Hari. MS. The duc observance of these regulations was directed 
 
 §5^0, 'zl. '' by the Chief Justice of Waltham Forest, in his charge, to 
 be inquired after by the grand jury/ 
 
 T.eas. of There were also, in the 13th century, three foresters, 
 
 FoT. Rolls, or riding foresters in fee. One of these, Ralph le Mare- 
 foEd.^°''' schall, held the bailiwick of Alrefen and Kingswood 
 (Colchester) in 1292 by grant from Thomas de Clare 
 (the successor of Munfichet in the Stewardship) to him 
 and his heirs, rendering to Thomas one penny, but 
 nothing to the King, for his bailiwick. 
 
 In the time of Munfichet, the riding forester of this 
 bailiwick was Symon Norman, who received of the Issues 
 of the bailiwick of Kingswood ii^. 8af. yearly for rent 
 certain ; and forty hens yearly, and five hundred eggs 
 at the Castle of Colchester ; which profits, as we have 
 seen, were appropriated by Richard de Munfichet when 
 he was Steward of the Forest. Norman also claimed all 
 broken and windfallen wood in the wood of Kingswood. 
 There were under him five yeomen foresters ; one in 
 Kingswood, of whom he received yearly half a mark for 
 holding his bailiwick ; another in Dyham Wood, of whom 
 he received yearly 55., and he had besides cheminage 
 in the bailiwick ; a third in Dolewyneshaye, from whom 
 he received 20s,, and besides had cheminage in the baili- 
 wick ; a fourth In the half hundred of Wensentre, of whom 
 
 Ch. For.Proc. ' It was found by the jurors at the Justice Seat of 1630 that "in 
 No Kt ' '^^ Fence moneth there is a wronge done to his Ma'° leige people 
 Justices' dwellinge within the Forrest by the Officers, w"'' take Toale at Stratford 
 
 Inquines. ^£ ^ Passengers, as well Forresters as others, that is to say ij for Lyne 
 and wantie " (probably burdens fastened to a horse by line and rope), 
 " and iiij for a Carte, which ought not to be taken of the Forresters." 
 
THE FORESTERS. 1 1 1 
 
 he received yearly 165., and he had also chemlnage there ; 
 and a fifth in the bailiwick of Alrefen, from whom he 
 received yearly two marks, besides having cheminage 
 there. 
 
 There was another forester in fee, one Henry Fitz- 
 aucher, in the half hundred of Waltham, who rendered 
 no farm to the lord the King, but " ought to make wan- 
 lace" {i.e., bring the quarry to bay) "when the lord the 
 King Cometh in these parts to hunt in his bailiwick." 
 This forester had one yeoman forester, of whom he 
 received yearly half a mark. The forestership was Duch.ofLanc. 
 claimed by and allowed to the Abbot of Waltham in Essei, For. 
 1489, under a fine levied in the reign of Richard II. 4 h. 7. ^™' 
 Although not specially mentioned in the surrender to Exch.Aug. 
 
 __ TTTTT r 1 • r 1 • mentation 
 
 Henry \LU. of the possessions of the monastery, it pro- office,3iH.8. 
 bably passed under the words " rights, jurisdictions, fran- 
 chises, liberties," &c. ; and I have found no further trace 
 of it or of the other foresterships in fee. 
 
 The district of the third forester in fee was the baili- 
 wick of Horsefrith, in the hundred of Chelmsford, which, 
 according to Morant, was that one of the two parks at Voi. 2. 63. 
 Writtle which lay on the road to High Ongar, and was 
 later known as Hoastley Park or Osterley Park ; it had For. roUs, 
 
 ■^ •' Essex, Charter 
 
 been emparked by Richard de Brus, under a licence RoU, 1292. 
 granted by Edward I. in 1280. Theother was the King's 
 Park or Writtle Park, which lay towards Ingatestone. 
 According to the records, this forestership was held by 
 John de Wolanstone before 1292. He rendered no farm 
 to the King, but held (as he said) one virgate of land in 
 
142 THE FOREST OF ESSEX. 
 
 the town of Writele, which pertained to the bailiwick, 
 and rendered to the manor of Writele, which was there- 
 tofore the demesne of the King-, 20^. yearly. He held 
 under charter made by King John to Brian de Terefeld, 
 by which he gave to Brian one carucate^ of land with 
 the serjeanty of the Forest at Writele. When John de 
 Wolanstone died, Robert de Brus, Lord of Writele, 
 " accroached " and appropriated to himself the serjeanty, 
 and demised it to Hugh de Merk, with the land, for sixteen 
 marks, which he gave him ; which serjeanty, it was said, 
 pertained to the King for the custody of his Forest. 
 
 The forester of Horsefrith paid nothing to the Steward 
 of the Forest : he had one yeoman forester, who gave 
 him 10s. yearly, and he had the same right to cheminage 
 as the other foresters. 
 
 It will be observed that the Riding foresters, who 
 were removable by the Steward, paid him the exact 
 amount which they received from their own yeomen. 
 
 Manwood, It is implied by the charge to the jury at the Justice 
 
 Seats, that the foresters in fee sometimes took rewards 
 from their yeomen for their offices, and afterwards 
 removed them and put others in their places for new 
 rewards, "to the great detriment and hurt of the Forest 
 and grief of the countrie" ; and we may be sure that • 
 there was good reason for the provision in the Charter 
 of the Forest, that no forester or beadle should thence- 
 
 9 H. 3, § 7. forth make extortion (scotale^), or collect barley (garbas), 
 
 ' The land of a plough team, the amount being, like that of the hide, 
 variable. 
 '^ Scotah is commonly supposed to mean the keeping of an alehouse 
 
THE FORESTERS. 143 
 
 oats, or other corn, or lambs, or young pigs, or demand 
 money. 
 
 Other misdeeds to which the foresters and other 
 ministers of the Forest were prone, may be inferred from Hari. ms. 
 the charge of the Chief Justice ; who directed the jury to Camb. ms. * 
 inquire whether the foresters entertained persons sus- 
 pected to offend in the Forest — ^whether they did not 
 rather make gain by killing the game, than use care to 
 preserve it^ — how they demeaned themselves towards 
 
 in the Forest by a Forest officer ; which none might do without the 
 
 licence of the Chief Justice. But Spelman's view, that it means 
 
 generally an exaction of money or other thing, is preferable, and is 
 
 supported by the terms of a statute of Edward III., which provides 25 ^d. 3, st. 5, 
 
 that no forester, nor keeper of forest or chace, nor any other minister, ^ ^"' 
 
 shall make or gather sustenance, puiure, nor other gathering of victuals, 
 
 nor other thing by colour of their office, against any man's will, within 
 
 their bailiwick, nor without, but that which is due of old right. The 
 
 word "puture" evidently corresponds with "scottalls" in one of the Harl. MS. 
 
 inquiries directed by the Chief Justice at the Justice Seat, in which ^^^9. § 22. 
 
 scottalls are precisely defined. " Whether they have kept any fg. 20. 
 
 scottalls in the fforest, which are unjust exactions or gatheringe w"* 
 
 in the fforest ; as taking reward to suffer men to take their rights in 
 
 the fforest, as to take barley, oates, sheep, lambe, or the like, of the 
 
 Comoners, to suffer them to take theire rightful Comon." 
 
 The meaning of the word " scotale " is discussed by the learned 
 editor of the Historical Charters of London ; but like almost all in index, 
 other writers, he assumes that the last syllable of the word relates to 
 ale. This I believe to be only a fancy, with no better foundation than 
 similarity of sound. It was not used by the Chief Justice of the Forest 
 when he denounced alehouses in 1670. It was sometimes spelt Harl. MS. 
 "scottall," and in Latin " scotallum," and appears to have been 6839. 
 evolved from " scottum," i.e., tribute or forced payment, which is ' °^' '^' 
 used in the grant by Richard I. to the Canons of Waltham, who were Clmter Roll, 
 to be free " ab omni Scotto et Geldo." Inspeximus.^" 
 
 1 The duty of the keeper is to preserve the deer and keep them for Manwood, 
 the King and his use, and not to kill or hurt any deer, except he have '^^^ '^• 
 a warrant from the King or his Justice. 
 
144 THE FOREST OF ESSEX. 
 
 the King's people — what oppressions or extortions they 
 had committed by colour of their offices, and upon 
 whom — if any of them browsed any mast, or boughs of 
 great oaks in winter, more for his own gain than for 
 sustenance of the deer, or mowed any several ground 
 where the deer were wont to feed — whether they had 
 taken any fine or amerciament of trespassers within the 
 Forest and converted them to their own use — ^whether 
 they had brought in any new customs into the Forest to 
 the damage. of the King or trouble to the country — or 
 whether any Forest or other officer for his own gain, had 
 suffered those that were no commoners to put their cattle 
 into the Forest, or had taken gifts or rewards to suffer 
 strangers' cattle to take common there. 
 
 Very few complaints of the conduct of the foresters 
 
 as a body are to be found in the answers to these 
 
 ch For.Proc. inquiries; but in 1630 it was found that "the foresters 
 
 (o Car. I), -^ 
 
 No. 153. do usually ryde and hunt the Kine's deer aforce w*'' 
 
 Justices' J J o 
 
 Inquiries. hounds w*'' a great company w**" them, to the disturbance 
 of the game and great trouble and great damage of the 
 country in breaking of theyr fences and gates, contrary 
 to the ancient customes of the Forrest." A note in the 
 margin states that it is fit for consideration to be ordered 
 to be left, that it should not be done. 
 
 Demise of The namcs of the Riding foresters which I have 
 
 Warden by been able to find are in the Appendix. At and after the 
 ford, 18 June, Justicc Seat of 1489, there was but one Riding forester for 
 Moniington's the wholc Forest, who, with his three yeomen foresters, 
 N™.^56X' was appointed by the Warden. 
 Rep."^. The duty of the Riding forester, according to Sir 
 
THE FORESTERS. 145 
 
 William Jones, was to lead the King in his hunting ; a 
 statement which agrees with if it does not fully describe 
 the " making wanlace " performed by Fitzaucher in the 
 13th century. The office existed until 1848, but seems 
 to have been vacant between 1742 and 1748, and again 
 between 1789 and 1794. Mr. John Wright was the last 
 Riding forester mentioned in the rolls of the Court ; but 
 although the office was held by several persons of con- 
 sideration, no more important duties were attached to it 
 in modern times, so far as appears by the -Attachment RoUs, 18 juiy 
 Rolls, than looking after the erection of "spurr gates," 1718. 
 by means of which the keepers could ride through the 
 inclosed forest lands ; and examining into the claims of id. 16 juiy, 
 persons who were said to be illegally pasturing the Forest 
 wastes.^ 
 
 In 1489 the districts of the foresters were still called Duch.ofLanc. 
 
 Misc. Rec. 
 
 bailiwicks. In 1582 they had acquired the name of For. ofWai- 
 "walks." And at the Swainmote and Justice Seat of Lansd.MS. 
 1630, and the Swainmotes of 163 1 and 1634, the foresters ^^' ^' ^^' 
 were distributed as follows : — 
 
 There was one chief forester for Lucton (Loughton) Ch. For. Rec. 
 
 ^ ' Waltham, 
 
 and Woodford walks, with five under foresters for 6 car. i, 
 Loughton, and two for Woodford ; one chief forester for n, Jo car. i, 
 the walks. of Epping, New Lodge, and Chingford, with ^'°- '+°- 
 five under foresters for Epping, two for New Lodge, 
 and three for Chingford ; one chief for the walk of 
 Chappel Renault, with two under foresters ; one chief 
 for the walks of Layton and West Renault, with 
 
 ' In 1863 Colonel Palmer said that the duty of the riding forester Sel. Com. 
 IS to keep all the rides open. '^^3' •'^''• 
 
 F. L ' ' 
 
146 THE FOREST OF ESSEX. 
 
 four under foresters for the former and two for the 
 latter ; and one chief for Walthamstow, with two under 
 foresters. 
 Attachment The records of the Court of Attachments from 17 13 
 
 \i\i^et infra, show again a different arrangement. The chief and 
 under foresters had become Master and Under keepers. 
 The walks were ten in number, viz, Epping, New 
 Lodge, Chingford, Woodford, Walthamstow, Layton and 
 Wanstead, West Heynault, East Heynault, Lambourn 
 and Chig^vell, and Loughton ; for each walk there was 
 one Master keeper and one Under keeper, and this 
 afterwards continued to be the arrangement. In 17 14 
 there is a notice of a sworn assistant to the under keeper 
 of Loughton walk; but it was not till 181 2 that the 
 assistant under keepers were entered among the ministers 
 of the Forest on the rolls of the Court. Shortly after 
 that time each under keeper had one and sometimes two 
 assistants. 
 
 I May, 1661. The office of chief forester or keeper of a walk was 
 
 Appointment 
 
 of Earl of granted to him, to be exercised by him or his sufficient 
 
 Sandwich to 
 
 Walthamstow deputy (for whom he was to answer), by deed under the 
 1 701, Lord ' seal of the Lord Warden, and for the life of the forester 
 
 Moruington's r i • 11 a 1 ■ 
 
 Trustees, Or oi him and others. And in an appointment- to the 
 
 Appointment officc of Forester or Keeper of Chingford Walk, made in 
 
 Bo^thbyto 170I' he was bound to keep the lodge belonging to his 
 
 wiuf"'*^ walk in repair, and to provide one or more resident 
 
 fheo^^ihS'*° under keepers, who were to receive such yearly salary as 
 
 ^TiTnTiyw sh°^^^ be agreed upon; in default of which, or if the 
 
 Lord Mor- master keeper should transfer the walk without the licence 
 
 nmgtou's ■■■ 
 
 Trustees. of the Lord Warden, or should refuse to serve such 
 
THE FORESTERS. 147 
 
 warrants as were directed to him, the grant was to be 
 void. The grant was sometimes made to women, and 
 sometimes to several and the longest liver of them, and Attachment 
 
 ° . Roll, 19 May, 
 
 in reversion as well as in possession. For a grant of the i77S- 
 office of Keeper of Chingford Walk to himself, his wife, 
 and his son, Mr. Heathcote, in 1774, paid 550/. to Earl id. 
 Tylney; and the like sum, but partly in deferred and 
 contingent payments, was the price of a similar grant of -''f- ^s Jan. 
 that walk in 1733. 
 
 The Riding forester and each Master keeper were 
 entitled to fee deer. The former, in 1788, claimed one isthRep. of 
 buck and one doe from each walk in the Forest. But App.'No.'iz.' 
 Sir James Tylney Long's particular, (1788) stated that 
 the fee was only one buck and one doe. Mr. Conyers, 
 the Master keeper of Epping Walk, in his answer to the 14 Nov. 1788, 
 Parliamentary Commissioners in the same year, claimed Works. 
 two bucks and two does yearly ; and these, and the 
 salary paid at the Exchequer to the under keeper of the 
 walk, were, according to him, the only emolument 
 attached to the office of Keeper. 
 
 But in 1582 the Riding forester received for salary Lansd. ms. 
 1 2/. 35. &fd. A like sum was paid to the Chief forester ' 
 of each of the walks of Woodford and Walthamstow ; 
 18/. 55. to the Forester of Chingford walk; 61. \s. 8d. 
 to the Forester of Layton walk ; and to the Forester of 
 Hennalt and Chapel Lodge walks, 24/. 6s. 8d. In the 
 reign of Elizabeth the Keeper of Walthamstow walk had 
 a yearly fee of 12/. And in 1703, three Master foresters isthRep. of 
 had from the Exchequer, fees calculated at 36/. 105. per 1793," Ap^* 
 
 No. 8. 
 
 annum. 
 
 L 2 
 
148 THE FOREST OF ESSEX. 
 
 Lansd.MS. Moreovcr, in 1582, the Keepers of the three walks of 
 
 Walthamstow and of East and West Hainault, had 20 
 
 isthRep. of loads of dead wood. An order of the Court of Ex- 
 
 L. R. Com. 
 
 1793, App. chequer in 24 Elizabeth directed that the Keepers of these 
 
 three walks should have 20 loads of dead wood, loppings, 
 
 and shreddings, for fee wood and livery wood yearly. 
 
 ^"achn^nt And in 1735 the Master keepers of Woodford, Loughton, 
 
 1737' ' and Lambourn walks were considered to be entitled to 
 
 15th Rep. of 
 
 L, R. Com. an allowance from the King's woods in Hainault of 
 Nos.'io, 19. livery logs (dead pollards) or 505. in money. 
 
 In the 13th century, as we have seen, the Forester of 
 the bailiwick of Alrefen and Kingswood claimed wind- 
 fallen wood, which anciently was the usual perquisite of 
 the Woodward. 
 Earl of War- A hom was the symbol of the forester's office, and 
 
 wick s Letter, -^ 
 
 sufra, p. 40. when called at the Justice Seat it was his duty to deliver 
 it, kneeling, to the Chief Justice. 
 
 It does not appear from the records that the Master 
 keepers in modern times took a very active part in the 
 affairs of the Forest, except by attending the Courts. 
 The ordinary duties of the office were performed by the 
 Under keepers, who were in fact the chief executive officers 
 Charge of of the Forest. Those duties were to take account of all 
 Hari'. MS." deer killed or which had died, and of all trees felled in 
 
 6839, f. 261. 1 T7-- > 1 
 
 Consuet. et the King s demesnes ; to present what deer had been 
 
 Ruffhead, ■ killed; by whom, by what warrants, and what kind of 
 
 App. 25. deer. They were to be stout, strong, and of good couraee, 
 
 cott. MS. ^ ^ 1 rr , . , „ ° , ?., ., 
 
 Vesp. B. 7, to take otienders m the Forest, whom they, like all others, 
 
 °" ^^' were bound to capture if they could, and if they could 
 
 not to raise "hu et cry;" they were to keep the Forest 
 
THE FORESTERS. 149 
 
 carefully in the fence month, and not suffer commoners 
 
 to put in their cattle, neither in the plain nor in the 
 
 covert ; to be careful in walking the Forest that no man 
 
 passing by them had any dog loose to chase the deer ; 
 
 and that men went not with bows bent or guns charged 
 
 as they passed through the Forest ; and when trespasses 
 
 had been done in venison, it was the duty of the Foresters 
 
 to assemble the four nearest vills to inquire of it, or cause 
 
 them to be amerced for not coming to inquire. They 
 
 were also to attach and hold to pledge offenders against 
 
 the vert. The jury were further directed to present 
 
 whether any of the Foresters had been removed, and when, 
 
 by whom, and for what cause; how every keeper had 
 
 used his walk ; what he claimed to belong to it, and what 
 
 he claimed by reason of it ; and he was bound ^o affirm Swainmote 
 
 at the Swainmote presentments which he had made at the 
 
 Court of Attachments. 
 
 The Under keepers executed the warrants for deer 
 ordered to be killed for the Sovereign or his nominees, or justice Seat, 
 which were allowed to the ministers of the Forest ; and Attachment 
 when ordered so to do, they brought in accounts of the ^°g^' ^^p'" 
 number of deer in their walks ; they looked to the lawing j^NoVina^- 
 of dogs, and took away and brought to the Court of P"^ '/'!'. 
 Attachments the guns, nets, axes, and other implements peb^'Z/it".' 
 used by poachers and persons detected in illegally cutting ^^y- '744- 
 or stubbing the woods. The Court commonly allowed Attachment 
 them to keep such of these things as they might lawfully 1715,'Aug." 
 use, and ordered the rest to be burned. J787! "' 
 
 The Under keepers also executed the orders of the 
 Court to throw down illegal inclosures, to keep open the 
 riding gates, and to do other things of the like nature. 
 
ISO 
 
 THE FOREST OF ESSEX. 
 
 Attachment 
 Roll, 31 July, 
 1732. 
 
 Mat. for His- 
 tory of H. 7, 
 Campbell, 
 26 Nov. 1490 
 {M.R. Series). 
 
 ISth Rep. of 
 L. C. Com. 
 1793, App. 
 No. 8. 
 Return of 
 R. Hould, 
 1788. 
 
 The Art of 
 Hunting. 
 
 They and their assistants were sworn officers of the 
 Forest, and might be removed by the Court of Attach- 
 ments for misconduct ; but they were appointed by the 
 Master keepers of their walks. 
 
 A grant made in 1489 to John, Earl of Oxford, then 
 Steward of the Forest, shows that a rent of 9/. 2s. was 
 made payable out of the Manor of Ralegh for the wages 
 of three walking or yeomen foresters, in the three baillies 
 of the Forest ; besides which they appear to have taken 
 cheminage. They probably also extorted both money 
 and supplies from the Inhabitants of the Forest. 
 
 In 1703, the Under keepers received from yl. to Sd. 
 per diem ; and in and after 1704, each of them received 
 for wages 20/. per annum, reduced by the payment of 
 fees to 17/. 75-. 
 
 The Under keepers had also, in respect of all war- 
 rants executed within their charge, for the King or any 
 other person, one guinea for every buck, and half a 
 guinea for every doe killed, besides the skin, and the 
 part of the deer usually claimed by keepers * — a custom- 
 ary right of the successful hunter, which is mentioned by 
 Guillaume Twici, the huntsman of Edward II. ; and 
 which, as we may infer from the Foresters' song in " As 
 You Like It," prevailed in Shakespeare's time in Arden, 
 and probably in other Forests. 
 
 "What shall he have that Idll'd the deer ? 
 His leather skin and horns to wear." 
 
 tiiary, 13 ' The keeper, according to Pepys, was entitled to the umbles of 
 
 Sept. 1665. ^jjg (jggr_ 
 
THE REGARDERS. 1 5 1 
 
 The Regarders. 
 
 In every third year a regard or view of the Forest Assisa de For. 
 was directed to be made, together with an inquiry as to Aisfsade For. 
 the lawing of dogs. These things were done by officers Leg.' For. 
 called Regarders, who represented the twelve knights ch! For. 
 appointed by the Assises of Woodstock to be in each D^f. Exdl' 
 county in which the King had hunting, for the custody ^i'sisadeFOT. 
 of the venison and vert. ^^' ^' ^ ''' 
 
 The Regarders of the Forest of Essex in the 17th 
 century evidently considered, that as the successors of 
 these knights, they were also the representatives of the 
 mediocres ox lesser thanes, to whom by Canute's Forest 
 law was committed the care of vert and venison ; for in 
 1630 and 1670 they claimed "as of old accustomed" ch.Foi-.Proc. 
 the same yearly fee which belonged to the mediocres. Bundle 130, 
 viz., a horse, a lance, a shield, and 60^.; with the ^^'^.^j^ ^ 
 addition, in 1630, of the left shoulder of a slayed beast ^°- '9- 
 of venary.^ 
 
 By the Forest laws of John and Henry III., the Re- Mat. Par. cii. 
 garders were to go through the Forest to make their m. r. s! 
 regard as at the time of the first coronation of Henry II. ' ' ' 
 
 ' According to Guillaume Twici, the person who slayed the hart had J'^^ A"^' °^ 
 
 ,,,,,., '^ ' Hunting. 
 
 the head and shoulders by right. -^^^^ ^^^ 
 
 The lord of the manor of Minestead, in the New Forest, claimed the 1852, p. 3858. 
 
 left shoulder of all wild beasts found slain or wounded in the said Brayley & 
 
 manor. And in Dean Forest the chief forester in fee claimed the Beauties of 
 
 same part of all bucks and does killed within the Forest. England and 
 
 Wales, 5 . 
 711, n. 
 
1 5 2 THE FOREST OF ESSEX. 
 
 They were set in motion by the sheriff of the county, 
 who was required by the King's writ to summon the 
 Foresters and Regarders ; to cause the number of the 
 latter, if there were vacancies, to be filled up, so that 
 there should be twelve in every regard ; and that both 
 Foresters and knights {i. e., the Regarders) should swear to 
 the true making of the regard, by going through all their 
 bailiwicks to view the trespasses expressed in a writing 
 sent with the writ ; and they were liable to a fine if they 
 ^68^' ^°^^' ^^^^ ^"^ insufficient return. On the completion of the 
 Cambridge regard it was to be engrossed on parchment, and pre- 
 sented at the Swainmote. 
 
 Book of The oath of the Regarders was as follows •} — " You 
 
 Oaths, fo, 299. , 
 
 shall truly serve our Sovereign Lord the King in the 
 office of a Regarder of the Forest of Waltham ; [you shall 
 make the Regard of the same Forest in such manner as 
 the same hath been accustomed to be made ;] you shall 
 range throughout the whole Forest and through every 
 bailiwick of the same, as the Foresters there shall lead 
 you to view the same Forest ; and if the Foresters will 
 not or do not know how to lead you to make the [Regard] 
 range of the Forest, or that they will conceal from you 
 any thing that is forfeited to the King, you yourselves 
 shall not let for any thing, but you shall see the same 
 forfeiture [and cause the same to be inroUed in your 
 roll] ; you shall inquire of all wastes, purprestures, and 
 assarts of the Forest, and also of all concealments of 
 
 ' Except the bracketed words, and the substitution of "riding 
 forester" for "regarder" at the beginning, this oath also served for 
 the riding foresters. 
 
THE REGARDERS. 153 
 
 any offence or trespass in the Forest either in vert or 
 venison, by any officer of the same Forest; and all 
 these things you shall to the uttermost of your power 
 do." 
 
 The things to be done at the regard of the Forest AssisadeFor. 
 were specified in the Forest Assise of Henry II., and vol. 2, p.' 243 
 more shortly in the laws of Richard I. Ben. Pet."^ 
 
 They included inquiries into the old assarts, the /^.' ^' ^' "^ 
 purprestures, the wastes in the King's demesne and 
 other woods, and in the King's closes and fenced 
 grounds ; into the mines, the eyries of hawks, the new 
 assarts, and the forges in the Forests. 
 
 The instructions issued to the regarders of Waltham Camb. ms. 
 Forest in 1630 bear internal evidence that they were in °'^' 
 the form used in or soon after the reign of Henry III. 
 They directed the regarders to view the assarts and 
 purprestures made after the beginning of the second 
 year from the first coronation of that King, i.e., from 
 1 2 1 8 ; and to report the several particulars concerning 
 them which will be found in a later chapter ; also to See ch. vii. 
 view the old and new wastes of wood, the King's de- 
 mesne woods and parks, and the wastes in them; the 
 aeries for the goshawks, sparrow hawks, and falcons, 
 and who had and ought to have them ; the forges and 
 mines, and the customs and rents rendered in respect of 
 them ; the parts of the sea to which ships and boats 
 moor, to carry away timber and firewood from the Forests; 
 if any one had them anew which were not in the time of 
 King Henry, who made them ; to view the honey if any 
 was in the Forest, who had it, and whether it belonged of 
 right to the King or others ; and who had bows, arrows, 
 
1 5 4 THE FOREST OF ESSEX. 
 
 crossbows, brackets, or harehounds, or other contrivance 
 for harming the King through his wild animals. 
 
 Thorpe's Somc of the Forest offences, for the discovery of 
 
 Ancient Laws, 
 
 I- 527- which these inquiries were framed, are mentioned in 
 
 the supposed Anglo-Saxon laws collected during the 
 
 wiUcins, 352. reign of Henry I., and others in the Forest laws of 
 
 Hoveden, z. ° ■' 
 
 24s ; 4- 63 Henry II. and Richard I. : which declare that whosoever 
 
 (M. R. Ser.). ■' ' 
 
 should offend in the King's Forest as to the vert, either 
 by the felling or disbranching of trees, the digging of 
 turves, the stripping of moor land, the cutting of under- 
 wood, or by assarts or new purprestures by fence or 
 ditch, or by the removal of a windmill, or the course of 
 a stream, or of slaughter or other houses, or by cutting 
 crops beyond the banks or ditches, should be in the 
 King's mercy as to his goods, unless he had the warrant 
 of the Verderers or the King's Foresters. It was to be 
 the same as to those who carried bows or arrows, or 
 brought dogs without a leash through the Forest; and 
 all these things, as well as the particulars concerning 
 the old and new assarts, were to be examined at the 
 regard of the Forest. 
 
 It was of course impossible for the regarders in 
 1630, to execute the instructions which related to acts 
 Cambridge donc more than 400 years before; they were therefore 
 further instructed not to limit their inquiries to what was 
 set down in the above articles, but principally to respect 
 and present offences done since the last Justice Seat, 
 without neglecting earlier ones of which due proof 
 should be given ; and to present any remarkable nuisance 
 or annoyance to the Forest leading to the terror of the 
 
 MS. fo. 12. 
 
THE REGARDERS. 155 
 
 wild beasts (such as mills), or to the endangering of 
 them by digging pits in the walks, straitening and 
 stopping common ways, not repairing hedges, and the 
 like, by which the King's hunting was impeded; and 
 also unexpeditated mastiffs, the making of cony warrens, 
 and other offences leading to the destruction of the vert 
 and venison. 
 
 The wastes of some of the landowners were exempted 
 from the visits of the Regarders. It has been said that 
 such exemption was alone equivalent to disafforestation. 
 But the real effect of it is shown by the result of an excH. xreas. 
 
 111. . 1 /- -r- 1 1 T 1 ofRect. PI. 
 
 mquiry held m 1292, under a wrir of Edward I., by the For. No. 2a. 
 
 Foresters, Verderers, and Regarders of the three regards 
 
 of Colchester and Alrefen, of Ongar, and of Chelmsford, 
 
 with thirty- six knights and others, into a complaint 
 
 made by the Abbess of Barking ; that whereas certain of 
 
 her woods were without the Regard, so that she ought 
 
 to cause them to be kept by her servants and ministers see infra, 
 
 ... . "Wood- 
 
 v/ithout the ministers of the King, the latter hindered wards." 
 and imposed divers burdens upon her, so that her minis- 
 ters could not keep the same woods as they had been 
 accustomed in times past, to her no small loss and 
 grievance. The finding was that the Abbess had in 
 Barking, Tolesbury, and other manors in the Forest, 
 certain groves which had always been used to be without 
 the Regard, so that the King's Foresters entered the 
 same when they would, and had wholly the custody of 
 the venison within the same, but the Regarders did not 
 make a Regard therein. So the Steward and other 
 ' The writ was tested at Newcastle-on-Tyne. 
 
1 5 5 THE FOREST OF ESSEX. 
 
 ministers of the Forest were ordered entirely to desist 
 from causing any hindrance and grievance to the Abbess 
 and her servants in her said groves, and to suffer her to 
 hold them without the Regard, as she had been accus- 
 tomed to do in times past.^ 
 
 Another place which was out of the regard, was 
 Corbicum or Corpechum, afterwards called Wallwood, 
 in Leyton, but this was expressly disafforested by a 
 charter in 1253, which was on several occasions con- 
 firmed by later charters, as will be found in another 
 chapter. 
 Bodi. Lib. There was a woodward, one Thomas Horsenayle, 
 
 For ofWal- 
 
 tham. 36Eiiz. for this wood in 1594, at which time it was the property 
 
 See Ass. For. r .-i r^ 
 
 H. 2, § 4. 01 the Crown. 
 
 The early history of the regarders of Waltham 
 Forest is somewhat obscure. 
 
 Cotton Roll In 1250, there were two regarders for the hundred 
 
 of Thurstapele, two for Wensetri, and two for Lexenden 
 at Tippetri (Tiptree) ; two for Wyham and Felstede, four 
 for Chelmersford and Danesei, one for Berdestaple and 
 Chafforde, one for Chelmersford in the parts of Writele, 
 four for Aungre, and two for the half hundred of Wan- 
 tham — twenty in all. 
 
 Hac. For. The presentments made in 1277, at the pleas of vert 
 
 for the half hundreds of Lexendene, Wesentre, and 
 
 xm. s. 
 
 1277. 
 
 Lansd. MS. ' This may have been the foundation of a statement which occurs 
 
 34> I- 97- in a memorandum made about 1582, that "Henholt" was parcel of 
 
 the Abbey, and not of the Forest ; and that no lieutenant of the 
 
 Forest had anything to do in Henholt before the suppression of the 
 
 Abbey. 
 
THE REGARD ERS. 157 
 
 Thurstapele, were made by the three verderers and by 
 Elias the clerk, son and heir of Hamo the clerk, formerly 
 Verderer ; the pleas of venison for the hundred of 
 Waltham by Henry the son of Aucher the Forester ; and 
 only the Regards of Colchester and Ongar were duly 
 presented by eleven " Regarderors," the first holders of 
 the office whom I have found mentioned in the Forest 
 of Essex under that title. 
 
 In 1292 the Foresters, Verderers, and Regarders of 
 the three Regards of Colchester and Alrefen, Ongar, and 
 Chelmsford, held the inquiry just mentioned about the 
 woods of the Abbess of Barking ; and several present- 
 ments were made by Regarders in the same year, and 
 also at the Justice Seat in 1323 : but it is not till the Duch.ofLaiic. 
 year 1489 that we have a full record of a Regard. There 4 h.'?. 
 were then eighteen Regarders — but only three are named Duch.ofLanc. 
 at the Swainmote of 1495, two of these being among 
 those mentioned in 1489. 
 
 At the Swainmote of 1594 there were twelve Re- Bodi. Lib. 
 garders, which was the number prescribed by the Assise 
 of Woodstock. The like number was present at the 
 regard of 1630, and at the Justice Seat held immediately ch.For.Proc. 
 after it; when the revival by Charles I. of the Forest 6Car.f(i63o), 
 laws for the purpose of raising money, led to the most °" '^''' 
 searching Regard which is on record in this Forest. The 
 Regarders certified that they had made their perambula- 
 tion, and had ranged through the whole Forest, and 
 every bailiwick of the same, and had there viewed the 
 wastes, purprestures, assarts, offences, and trespasses 
 thereafter presented. Their presentments were more 
 than 400 in number; and some of the offences were 
 
1 5 8 THE FOREST OF ESSEX. 
 
 alleged to have been committed from forty to sixty-six 
 years before the date of the Regard. 
 
 They were said to have been done in Waltham- 
 stow, Woodford, Wanstead, Westham, Layton, Barking, 
 Dagenham, Chingford, Waltham, Nazing, Epping, Lam- 
 bourne, Chigvvell, Theydon boys, and Loughton ; all 
 places within the Forest as the bounds were fixed in 
 1 301, and not extending to the larger district afterwards 
 claimed by the King; and they included the making 
 inclosures, building, and digging pits on the waste ; 
 stubbing up woods; girdling, and cutting down timber 
 trees ; leaving woods unfenced which had been cut ; 
 making coney burrows ; hunting in the Forest ; lopping 
 trees when the leaf was coming forth, by which the deer 
 were hindered of browse ; leaving lanes incumbered with 
 wood and bushes, so that the King was hindered in 
 hunting ; erecting buildings on the waste ; and keeping 
 and using dogs and guns In the Forest : in conclusion 
 the regarders certified that more than 150 dogs were 
 Ch.For.Proc. uuexpcdltated. 
 
 Waltham, i^ , . , ^ . , , , 
 
 No. 140. Eleven regarders appeared at the bwammote held 
 
 wiifham^'^"'^' in 1 63 1, and twelve at that of 1634. In 1638 the regard 
 H°c^f I. f°r the hundreds of Becontree and Waltham, and for the 
 Ex TreTs. of P^^* of Ongar hundred which was within the Forest, was 
 Es^sex ^0^6^" ^^^ ^y "^"^y ^^'^ regarders; but at the Swainmote of 
 '^7°- 1640, the names of forty-eight regarders appear — twelve 
 
 chy. Waltham for cach of the districts of the hundreds of Waltham and 
 16 Car. I, ' Becontre, the hundred of Chelmsford, the hundred of 
 Colchester, and the bailiwick of Ongar. Of these fifteen, 
 and another not named in the lists, signed the roll. 
 Ex. Treas. of At the first regard of 1670 there were thirteen, and 
 
 Rect. PI. For. 
 
THE REGARDERS. 159 
 
 at the second only twelve "regarders. At the Justice Seat Essex, Nos. s, 
 
 6, 8. 1G70, 
 
 of 1670, a Regard roll made in 1665 was presented, and 
 this appears to be the last Regard which was made in the 
 Forest, all the subsequent presentments recorded having 
 been made by the Keepers or Foresters or their subordi- 
 nates at the Court of Attachments. 
 
 At the Justice Seat in 1489, it was ordered that to Duch. of 
 
 ■' -f J' ^ Lane. Misc. 
 
 Reginald Pympe and Richard Barle and his fellow Re- Rec. 
 garders should be given two deer called soares, and two 
 female deer in winter. 
 
 The Ranger of the Purlieus. 
 
 The duties of the Ranger were, for the most part, 
 exercised beyond the actual limits of the Forest. He 
 watched over the rights of the King in the purlieus, i. e. 
 the free or exempted places on the borders of the Forest, 
 which, though not part of the Forest, were not entirely 
 discharged from the rights of the Crown. 
 
 The history of the purlieus begins with the declara- 
 tion in Magna Charta, which was reaffirmed by the first § 47. 
 Charter of Henry III., that all forests which had been §38. 
 afforested in the time of John should forthwith be disaf- 
 forested. Henry III., in Charta Forests, also discharged § 3. 
 from the Forests all woods afforested by John or Richard 
 
1 60 THE FOREST OF ESSEX. 
 
 to the time of Henry's first coronation, saving only his own 
 5 '• demesne woods. But by another clause he had directed 
 
 that if it should be found, upon a view of the Forests, 
 that Henry II. had afforested any woods other than his 
 own demesnes " to the loss of him whose wood it was," 
 they should be disafforested. This disafforestation cer- 
 tainly enabled the owners of these lands to stub their 
 woods, and inclose^ and otherwise improve their lands ; 
 4th Inst. 303. and it was the opinion of Coke that in any of the disaf- 
 
 Manwood, 
 
 ch. 20. forested lands, whether they had been afforested by 
 
 Henry II., Richard, or John, a man might also as law- 
 fully hunt in his own grounds as any other man might in 
 his lands that never were afforested. 
 
 But it was held by some that the words " to the loss 
 of him whose wood it was," which were used only with 
 reference to the forests made by Henry II., meant that 
 the disafforestations were only for the benefit of the 
 owners of the disafforested woods ; and that against all 
 the rest of the world the wild beasts still belonged to 
 the King, and he might hunt, and forbid all except 
 the owners to hunt, in the purlieus, as if they were still 
 forest. 
 
 Whether this was the intention or not, it seems to 
 have been upon these words, that the Crown rested its 
 claim to make regulations as to the hunting in the Forest 
 purlieus. These regulations were certainly enforced in 
 
 ' Some inclosures in Theydon purlieu presented in September, 1785, 
 were thrown open by Thomas Hatherill, the under ranger, in July, 
 1787; but he no doubt exceeded his powers. No attempt was made 
 to act upon other presentments made by the same officer in October,, 
 1789, and July, 1803, of the digging up and inclosing purlieu land. 
 
THE RANGER OF THE PURLIEUS. l6i 
 
 the purlieus of the Forest of Essex, and afford some evi- 
 dence, not inconsistent with the perambulation of 1301, 
 that the districts included in these purlieus had been 
 afforested by Henry II. ; which is the more likely because 
 his afforestations, as the earliest which were treated as 
 illegal by Charta Forestse, would naturally comprise the 
 lands adjoining- the ancient and legal Forest. The Illegal 
 afforestations of the later Kings, on the other hand, ever 
 widening In area as they became more remote from the 
 original Forest, would upon disafforestation be beyond 
 the supervision of the purlieu officers, of whom there 
 was never a large staff. And In fact all the purlieus 
 mentioned in the records, except Rayleigh, viz. those of 
 Leyton, Nasing, Epping, Stapleford, Weald side, Bentry 
 or 'Benfry heath, Ongar park, and the liberty of Haver- 
 ing, He on the outskirts of the ancient Forest. Their 
 assumed position is shown on the map which faces 
 page 50. 
 
 The distance of Rayleigh purlieu from the Forest Is 
 perplexing. The village is in the hundred of Rochford, 
 which, according to the perambulation of 1301, had been 
 out of the Forest from time immemorial ; although that 
 of 1225 states that it was afforested after 11 54, which 
 would bring It within the above definition of a purlieu. 
 Both perambulations agree that the hundreds of Chafford 
 and Barstaple, which He between the Forest and Roch- 
 ford, were also afforested after 1 154 ; so that possibly the 
 purlieu may have taken Its name from Rayleigh as the 
 vill nearest to its extreme end, and lying, in fact, only 
 just beyond the bounds of the hundred of Barstable. 
 r. M 
 
1 62 THE FOREST OF ESSEX. 
 
 The office of the Ranger is described in his oath as 
 exerciseable upon the borders of the Forest. 
 
 There are no means of fixing the external boundaries 
 
 of the purlieus. The perambulation of 1301 shows that 
 
 the hundreds of Chafford, Barstaple, and Dengie, and the 
 
 half hundreds of Witham, Thurstable and Wenestree, 
 
 were afforested by the three Kings, Henry II., Richard, 
 
 and John. Some disafforestations were made by 
 
 5 x\A. Ben. Henrv II. and his predecessors : and the Assise of Wood- 
 Abb. (M. R. -^ ^ . r 
 
 Ser ), vol. I, stock seems to refer to the purlieus, in speakmg of places 
 beyond the Forest where the King's beasts resorted or 
 had peace. But except for the slight indication suggested 
 by the proximity of the purlieus to the ancient Forest, it 
 is not known what lands were afforested or disafforested 
 by each of these Kings. 
 
 The bounds of Richard's afforestations are not men- 
 tioned; and the banks by which John protected his 
 afforestations were included in the disafforestation,* and 
 were doubtless destroyed at once by the owners of the 
 lands upon which they stood. 
 
 The perambulations do not mention the purlieus, 
 except that those of 1630 and 1641 refer by name to the 
 purlieu hedge and purlieu bank at Theydon Green, 
 Epping, and Thornwood Common, but only as Forest 
 boundaries without the names of the adjoining purlieus ; 
 the banks were the boundaries between the Forest and 
 the purlieus, and not the external boundaries of the pur- 
 
 MagnaCharta, ' " Omnes forestae quae afforestatas sunt tempore nostro, statim 
 H"- deafforestentur ; et ita fiat de ripariis quse per nos tempore nostro 
 
 positae sunt in defenso." 
 
THE RANGER OF THE PURLIEUS. 163 
 
 lieus. Part of the purlieu bank still remains at Epping, 
 and is under the special protection of the Conservators 
 of the Forest;* and this, and "the Purlieu Farm," on 
 the east of Epping Thicks, are believed to be the only 
 remaining traces of the purlieus of this Forest. 
 
 After the perambulation in 29 Edward I., a question 
 seems to have arisen as to its effect upon the rights of 
 the owners of lands which it put out of the Forests. 
 These persons having requested that they might be 
 acquitted of their charge and of things that the foresters 
 demanded of them as theywere wont to be ; the King, with 
 some ill humour, answered, that where he had granted 
 purlieu, he was pleased that it should stand in like 
 manner as it was granted, "albeit that the thing was 
 sued and demanded in an evil point," 
 
 The purlieu officers were the Chief Ranger, who was Attachment 
 
 ^ . RoUs, 1763 
 
 appointed by the Warden of the Forest; and under him and iSn. 
 four sub-rangers appointed by himself. . The names "of and 1763.''^^' 
 the rangers are not entered in the records of the earliest 
 Courts, and the districts of the sub-rangers were more 
 than once altered. 
 
 Ralph Coterell, ranger (rangiator) in 1489, is the Duch.ofLaiic. 
 
 J^Jjgc R.CC 
 
 first whose name I have been able to find ; and rolls of p.^^ 'j^^,, " 
 the Court of Attachments for the years 1589 and 1590 rqu^^^c"^'' 
 contain the names of several sub-rangers : Hamblet '2> '3- 
 Johnson for Laighton walk, Edward Stanmer for " Hern- 
 old," John Growe for Chappie Heinault and Lowe woods, 
 Richard Elkin for Epping, and Henry Wright for 
 
 ' Epping Forest Act, 1878, s. 7 (3). 
 M 2 
 
1 64 THE FOREST OF ESSEX. 
 
 Lamborne — the names of the purlieu officers being thus 
 taken from districts lying opposite to the purlieus within 
 the Forest boundaries. 
 s^vainmote, \^ I ciod, " The Most Noble " Sir Thomas Heneage, 
 
 36P:iiz. 1594, o -:>"(■> o 
 
 Bodi. Lib. Knt., Vice-Chamberlain, was Ranger; and between 
 ch. For.Proc. that date and 1630 were, first, Sir Moile Finch, and, 
 No. 130! on his death, Sir John Wentworth, who surrendered the 
 i<^- office to Henry, Earl of Oxford, from whom he had 
 
 received it. 
 
 fd. After them Sir John Hippesley was Chief Ranger 
 
 in 1630, and Edward Compton ranger for the liberty of 
 
 Havering, which having ceased, as we have already seen, 
 
 to be part of the Forest, was now treated as purlieu. 
 
 There were also four under rangers — one for Dagenham 
 
 side, which probably included the districts formerly 
 
 named from the walks of Hainault, Chappie Heynault, 
 
 and Lowe woods; one for Epping, one for Loughton, 
 
 and one for Layton. 
 
 ch.For.Proc. In 1 634 Sir Johu Hippesley was still Chief Ranger, 
 
 10 Car. I, and Henry Breame ranger of the liberty of Havering atte 
 
 Bower, and Dagenham side ; with a sub-ranger for each 
 
 of the purlieus of Loughton, Epping, and Layton with 
 
 West Hainault. 
 
 Commission In 1 64 1 Thomas Witherings was Chief Ranger and 
 
 of Perambu- , . , . . , . - 
 
 lation and also ouc 01 the commissiouers for makmg the perambula- 
 
 Petty Bag tiou of that year ; and among the persons summoned to 
 
 "''' ' "^'^ take part in it were Henry Breame, formerly called the 
 
 Ranger, but now only the sub-ranger of the liberties of 
 
 Havering atte Bower, and the sub-rangers of Epping, 
 
 Leighton, and West Hennault. 
 
 In 1 701 Robert Boothby, of Fryday Hill, in Ching- 
 
THE RANGER OF THE PURLIEUS. 165 
 
 ford, although not nominally a ranger, was appointed a ^ J," Lord of' 
 gamekeeper of the county of Essex, with the same power Man.ofciiing- 
 as the ranger, to give account of and to rechase and 
 with hounds drive back the outlying deer in the county 
 into the Forest, and generally to seize the guns and 
 implements of poachers. 
 
 From 1 709 to the break-up of the Forest establish- 
 ment, there were always a Chief Ranger and four sub- 
 rangers. During this period the names of the purlieus 
 in which the latter acted, are not mentioned in the head- 
 ings of the rolls of the Court of Attachments ; though, 
 as in the case of the under ranger of Ongar Park 
 purlieu in 1719, of one of the "Poraliew Rangers of 
 Raighleigh" in 1740, and of three under rangers of the 
 purlieus of Hainault in 1786, the names are sometimes 
 added to the entries of the swearing of the officers. 
 
 The following persons were the rangers in and 
 after the year 1 709 : — 
 
 1709. John Wroth, Esq.* iSched. of 
 
 Grants of 
 
 1 7 18. Lord Castlemain. offices to 
 
 Conveyance to 
 
 1722. John Goodere, Esq., who held the office till sir r. child, 
 
 1709. 
 
 1757. The rest from 
 
 . Attachment 
 
 1763. Anthony Bacon, Esq. RoUs. 
 
 1786. Sir William Smijth, Bart. 
 
 181 1. Charles Smith, Esq. 
 
 1814. William Matthew Raikes, Esq. (died 181 7). 
 
 1830. William St. Julien Arabin, Esq. 
 
 1 83 1. Sir Emanuel Felix Agar, Knt., who still 
 
 held the office at the date of the last Court 
 entered on the rolls, 6th December, 1848. 
 
1 66 THE FOREST OF ESSEX. 
 
 Memoranda The duties of the Ranger and his under rangers 
 
 de Foresta. 
 
 — appear from their oath, which bound them well and truly 
 Book of ^^ . , ,. - ,^- , , 
 
 Oaths, 1649, to execute their office in the purlieus of Waltham upon 
 
 °'^^ ' the borders of the King's Forest of Essex, otherwise 
 
 called the Forest of Waltham ; ^ to rechase, and with 
 
 their hounds drive back again, the wild beasts of the 
 
 Forest, as often as they should range out of the Forest 
 
 into their purlieus ; truly to present all unlawful hunting 
 
 and hunters of wild beasts of venery and chase, as well 
 
 within the purlieus as within the Forest ; and these and 
 
 all other offences, to present at the King's next Court 
 
 of Attachment or Swainmote, which should first happen. 
 
 isthRep. of The Chief Ranger had, up to 1703, td. per diem. 
 
 1793. In 1704 the salary was 20I. per annum, and that of each 
 
 Richd.Houid, under ranger 10/. In 1788 the latter had only 8/. 13^. (id., 
 
 the reduction being probably caused by Treasury fees. 
 
 Doct. temp. And the Ranger was entitled to fee deer, which, ac- 
 
 Mus.' cording to the claim of Sir William Smijth in 1788, con- 
 
 L^ RXom, sisted of one buck and one doe annually from each walk. 
 
 1793. App. 
 No. 12. 
 
 The purlieu laws related almost exclusively to hunt- 
 ing. It has already been said that an owner of lands in 
 the purlieu, who was called a purlieu man, could only hunt 
 there according to certain regulations. First, he must 
 have free land within the purlieu to the yearly value of 
 i3R.2,c. 13. 40^., or must possess such other statutory qualification 
 
 and see Can. ■^ ^ 
 
 F. L. §§ XXX. as would enable him to keep dogs for hunting ; and if 
 Manwood, he had it not, he might only chase the wild beasts out of 
 
 ch. 20. 
 
 ' The oath in this form was probably not of earlier date than 1489, 
 when the expression "Forest of Waltham" first appears on the 
 records of the Courts, though it was used in the perambulation of 130 1. 
 
THE RANGER OF THE PURLIEUS. 167 
 
 his own purlieu lands with little dogs ; if he had no free- 
 hold, the land as to him was absolutely forest. 
 
 Again, if qualified to hunt, the purlieu man might 
 hunt only with dogs, and might not use any engine for 
 the destruction of the beasts. He must begin the chase 
 in his own purlieu land. Having done so he might 
 follow it over any other free land within the purlieu ; but 
 he must chase the game towards the Forest, and by no 
 means "forstall," that is, get between the beast and the Ass.ofWood- 
 
 1-, . - . , -^ stock, \ 16. 
 
 rorest so as to prevent it from returnmg to the forest; 
 for it was written in the Assises of Woodstock that no 
 man should, upon pain of a year's imprisonment and 
 fine and ransom at the King's pleasure, make any fore- 
 stalling for his wild beasts, either with dead hay' or 
 quick hay, between the King's forests and the woods or 
 other places by him or his progenitors disafforested. 
 
 He was also bound to call his dogs off the quarry by Manwood, 
 blowing the rechase before they entered the Forest, un- 
 less, being already fastened on the deer, it drew them 
 into the Forest. 
 
 If the wild beasts recovered the Forest again, though 
 not infra fihitn forestce, but within the lyst or the brink of 
 the Forest, before the dogs fastened upon them, then 
 they were absolutely the King's wild beasts again, or 
 those of the owner of the Forest. 
 
 It was also a rule that the purlieu man might hunt 
 only with his own servants ; he might not hunt upon, or Camb. ms. 
 within the bounds of the Forest ; nor chase unseasonable Manwood, 
 deer; nor hunt in the night, before sunrising or after 
 
 ' Dead fence, which would include nets ; or quick fence. 
 
1 68 THE FOREST OF ESSEX. 
 
 sunset, nor on Sundays,^ nor in the fence month, nor 
 more than thrice in the week; and therein, says the 
 Fos. 37,38. Cambridge MS., it is the ancient course of this Forest, 
 for the Mondays, Wednesdays, and Saturdays to be 
 reserved for the rangers to drive back the deer to the 
 Forest, and purlieu men not to hunt therein. 
 
 Neither might he hunt within forty days before or 
 after a general hunting by the King, nor after notice 
 that a forester was serving any warrant {i.e. executing 
 an order to kill or capture deer) near the border of the 
 purlieu ; and in hunting he was not to associate with 
 wrongdoers. 
 See Charge, It was also a rule in the purlieus of Waltham Forest, 
 
 §4i,Hari.MS. that the deer were not to be hunted against the wind. 
 
 6839, fo. 261. 
 
 4th Inst. 303. Coke, however, appears to put the hunting rights of 
 
 the purlieu owners as high as those of persons whose 
 lands were never afforested. The rights of such persons, 
 Skene's Reg. according to Skene's Forest Laws, were not only abso- 
 L^ws, capl'17. lute beyond the Forest, but, within certain limits, also 
 Ang.-Norm. ' existcd within it. The regulation declares that, if any free 
 cap^'i7°voi.2, tenant, having by virtue of his infeoffment free power to 
 ^■^''^' hunt within his own land marching near to the King's 
 
 Forest, lets and suffers his dogs to run within his own 
 land, and they follow the beast within the King's Forest, 
 he may follow his hounds within the King's Forest as far 
 as he may cast his horn and his dog leash. If the hounds 
 take the beast within that space, the man may take the 
 
 Tib. A. 3, 'A very ancient rule. In .(Elfric's Colloquies, the hunter is asked, 
 
 fo. 61. « jja^g^- tjjQ„ hunted to-day .?" He answers, " I have not, because it is 
 
 Sunday." 
 
THE RANGER OF THE PURLIEUS. 1 69 
 
 beast and his hounds without challenge, but if he exceed 
 the space, he must pay eight cows, and forfeit his hounds 
 with the beast. 
 
 The purlieus afforded great facilities to poachers ; 
 and Man wood remarks, that " it seemeth the pourallee ch. 20. 
 men with their adherents have consented together to 
 destroy the Forest by colour of pourallee hunting ; which 
 they have almost brought to passe in the Forest of 
 Waltham : or at least they will do so in short time if 
 their hunting be suffered as it is now used." 
 
 The rarity of presentments of breaches of the pur- 
 lieu laws in the Forest of Essex probably arose from the 
 inability of the rangers to watch the large spaces 
 included in their districts ; and partly, perhaps, from 
 the fact that during a long series of years the illegal 
 afforestations, of which the purlieus consisted, were upon 
 several occasions reclaimed by the Crown, and were 
 then treated as forest. 
 
 There were, however, several of such presentments Duch.ofLanc. 
 
 IS^isc. R.CC 
 
 at the Swainmotes of 1495 ^"^ 1594. Included in the pH.'?. 
 first of these was Rauf Coterell, the " Comyn Hunt " of \Z^!Ji^z. 
 London, and William Gyket, his son-in-law, who with ■^°''^- ■''*• 
 another person slew two harts in the purlieus.^ In 1594 
 one presentment is for killing a great buck with grey- 
 hounds, in the Forest, coming out of the purlieus ; another 
 for killing two stags with two crossbows by night in the 
 purlieu; another for standing up with a crossbow in 
 the purlieus near Bentrye Heath in the night ; a fourth 
 
 ' This they could only do if they hunted the harts on their own 
 lands in the purlieus as is stated, above. 
 
1 no THE FOREST OF ESSEX. 
 
 for standing with a crossbow bent, and a forked arrow 
 in the same, between the hours of viii and ix of the 
 clock in the night, between the Forest of Waltham and 
 the purlieus of the same ; a fifth for having killed a 
 fawne in the winter in the purlieus, by " unorderlye 
 hunting." The last offender only appears to have 
 hunted by right, but against the rules; as did also 
 several purlieu men and divers belonging to them, who 
 " killed one redd deer, being a ' herst,' upon the xxiiij 
 day of June being Sondaye in the mornyng, about xi of 
 the clocke in the same mornynge, in the service tyme at 
 Wield side plaine, beinge purliews belonginge to the 
 Forest of Waltham." 
 ch.For.Pioc. At the Swainmote of 1634 there are also several 
 
 Waltham, ■, • • ■, 
 
 No. 140, presentments against persons for huntmg m the purlieus 
 
 of Leyton and Stapleford Abbott, not having any lands 
 
 or tenements in the same. One of these misdoers, 
 
 being a gentleman, was fined 20s.; another, a yeoman, 
 
 10/.; and a third, a butcher, who had assisted another in 
 
 hunting in the fence month, 20^. 
 
 Attachment In 1716-17 the under-ranger presented a stag killed 
 
 1 7 16- 1 7. within the purlieus of the Forest, by Sir John Tyrell's 
 
 and 6 Sept. and Lady Peter's hounds, and carried to Sir John 
 
 ''' ■ Tyrell's house. And in 1718 a person was presented 
 
 for slipping a leash of greyhounds at a sore and sorel as 
 
 the Ranger was hunting them into the Forest again, the 
 
 said deer being within the purlieus of the same Forest. 
 
 But no further presentments are recorded, although the 
 
 Ranger with his under rangers, continued to hold office 
 
 for more than 100 years later. 
 
THE WOODWARDS. 171 
 
 The Woodwards. 
 
 The Kings Henry II. and Richard I. ordained Assises of 
 that all who had woods within the bounds of the King's §§ 4, 5. 
 Forests should put proper foresters in their woods, for ch. 150. 
 whom the owners of the woods themselves should be Laws', 351. ' 
 pledges ; or should find proper pledges, who should be 
 answerable if the foresters were guilty in anything 
 belonging to the King. Those who had woods beyond 
 the regard of the Forest in which the King's hunting 
 "had peace" were not allowed to have any forester 
 unless he swore to the assise of the King, and the 
 peace of his hunting. And the King's foresters were 
 to oversee the Forest of the knights and others who had 
 woods within the bounds of the King's Forests, that the 
 woods were not destroyed ; for if they were destroyed 
 the owners were warned that amends would be taken of 
 them or of their lands, and of none other. 
 
 The officers who were appointed by the owners of 
 woods under the above ordinances were always called 
 Woodwards in the Forest of Essex ; the foresters being, 
 as we have seen, officers of the Crown, appointed by the 
 Lord Warden, having the oversight of bailiwicks or 
 walks, and various duties not specially connected with the 
 woods. The Woodwards were sworn at the Forest Courts 
 to keep and occupy the office of the woodwardship of ^emd^. de 
 the Forest of Essex, and truly attach and true present- 
 
172 
 
 THE FOREST OF ESSEX. 
 
 ment make to their power of all manner of trespasses 
 done to vert or venison, waif or stray, within their keeping 
 at the next Court of Attachments. 
 
 It is shown by several entries at the Justice Seat 
 
 PI For. held in 1277, that the above ordinances referred to the 
 woodwards. Thus, Richard Leyr, woodward of the wood 
 of Heybrigge^ (in Chingford) having kept it badly, and 
 permitted much damage, the attorney of the Dean of 
 St. Paul's, to which the wood belonged, by command 
 of the Crown, made him come, and he was fined one 
 mark. 
 
 Again, it was complained that the Templars of 
 Chingford took the woodward out of the wood of that 
 manor, which they had in farm, and that it was without 
 a sworn keeper of the peace of venison ; and that Richard 
 de Tany withdrew the surety of his woodward of the 
 wood of Stapleford, and did not permit him to be sworn 
 of the custody of venison as he ought ; and when the 
 wood was taken into the King's hands, De Tany seized 
 it, and caused it to be felled ; for which offences he was 
 fined 205., and presented his woodward sworn to the 
 
 PI. For. Kxch. custody of the woods. It was also found in 1292 that 
 
 Treas.ofRect. - , . 
 
 No. 2 a. the Abbess of Barkmg oup-ht to have her woodwards 
 
 20 Ed. I. . 1 
 
 sworn to the Kmg of the five great woods of Alfrefen, 
 Hyneholt, Gaysham, Alesereth, and Henglegh wood, 
 which belonged to her house and manors, and were fully 
 within the regard of the Forest. 
 
 If woodwards were not duly appointed, or if they 
 neglected their duties, the woods were seized into the 
 
 Domesday of ' The same wood had been wasted before 1222 by Simon de 
 fc^mT^Soc), Stanbrigg, a canon of St. Paul's, 
 p. 107. 
 
THE WOODWARDS. 173 
 
 King's hands. Several woods are stated to have been Cotton RoU 
 
 xiii. 5. 
 
 SO seized m 1250. The same thing, as we have seen, 
 happened to the wood of Richard de Tany in 1277, and 
 in 1323 to that of William Gernonn, near "Wynterree" Ex. Xreas. of 
 
 . . Rect.i7Ed.2 
 
 (Wintry), in Theydon Gernonn, for the recovery of which m. 26 to 
 William had to pay a fine of 5^-. ; and to woods of John xreas'ofRect. 
 Wade, Canon of St. Paul's, and of Thomas Priour, in roiis, R^iss. 
 
 T T>7 O Roll 27. 
 
 ^ol-^- 46 Ed. 3. 
 
 The rules as to woodwards were strictly enforced in Cotton roII 
 the 13th century. At the Court held in 1250, the names 
 of 121 of these officers are mentioned, of a very small 
 number of whom it is stated, that they were not yet 
 sworn. 
 
 At the Justice Seat of 1489, 29 woodwards of Duch.ofLanc. 
 
 . Misc. Rec. 
 
 different manors were present and sworn ; and 5 or 6 4 Hen. ;. 
 of these, with others, in all ^'^■^ were present and sworn ' " ^"'^^ 
 at the Swainmote of 1495, being described as woodwards 
 of different woods in the half hundred of Waltham, and 
 of the bailiwick of Ongar. 
 
 In 1594, at the Swainmote only 18 woodwards, and sodi. Lib. 
 the woods for which they were sworn, are mentioned. rtram,°36Eiiz. 
 In 1590, and again in 1630 and afterwards, the walks For. roU, 
 of the Forest formed the districts in which the woodwards 32°ehz. Hari. 
 
 . J Roll,C.C.i3. 
 
 acted. Ch. For. Proc. 
 
 6 Car. I, 
 Bundles 130, 
 
 The lords of the Forest manors, long before this, '^^' ^'^^' 
 had found the advantage of having servants in their 
 woods, who were responsible to themselves as well as to 
 the Crown ; and they claimed as a right to make the 
 appointments which were required by the Forest law. 
 As early as 1323, the Earl of Arundel claimed to have Exch. Xreas. 
 
 "^ of Rect. PI. 
 
1 74 THE FOREST OF ESSEX. 
 
 For. 17 Ed. 2, his woodward for guarding his own woods in his own 
 manor of Wolfhamston, "so that he gives his oath before 
 the King as is the custom." A claim was made in like 
 terms by the lord of the same manor in 1670, and also 
 For. Proc. by the lord of the manor of Higham Bempstead ; and in 
 Excii.Q.Rem; 1630, 1653, and 1670, claims to appoint woodwards were 
 Treas.'ofRe'ct! made by the owners of the manors of Waltham Holy 
 1670. °^' Cross, Nazing, Sewardstone, Claverhambury, and Wood- 
 rydden; Wanstead and Stonehall ; Chingford; Theydon 
 Hall; Woodford and Hill House; Chobhams; Ruckholt; 
 Walthamstow ; Wolfhamston ; Epping ; Lamborne Hall ; 
 and Battelshall : and for the woods of Larks and Dun- 
 Jiurst Hill in Chingford Earls; the estate of Barrington's 
 in Chigwell ; and some other woods and coppices. 
 
 The last entry which I have found of the swearinsf 
 
 Attachment - . , 1 • ^ , 
 
 Rolls. of a private woodward was m October, 1728, when 
 
 Thomas Catlin was sworn as woodward to Sir Harry 
 Hicks, lord of the manor of Ruckholts, "to preserve 
 his woods from being destroyed, subject to the Forest 
 laws." 
 
 When the Crown became the owner of woods in 
 Hainault, there was also a King's woodward who, like 
 the other woodwards, was sworn at the Court of Attach- 
 ments. The grant of this office to keep the King's 
 woods in Chappie Heynault, West Heynault, Tom att 
 Woodes, and Gresham's Hall Fee, was made by the King, 
 L R^Co' ^" ^ James I., to Robert Barefoote for life, with the wage 
 1793- and fee of 40 marks yearly; besides which he was riding 
 
 bailiff of the demesnes of Barking and the liberties of 
 Eastholt, otherwise Hainault, and Gresham's Hall Fee, 
 
THE WOODWARDS. 175 
 
 with the wage of 325. 40^. yearly; and shortly after the ch.For.Proc 
 
 rr 1 • • 1 1 T7-' T 1 Waltham, 
 
 orhce was granted in reversion by the King to John ecar. i, 
 Holmes and Gerson Holmes for their lives. Barefoote and''i43?' ^ ' 
 appeared as King's woodward at the Swainmote and z^;. 10 Car. i. 
 Justice Seat in September, 1 630, and Gerson Holmes at °' ^^ 
 the Justice Seat in 1634. The appointments to this l. r. co'm. 
 office were in modern times made by the Lord Warden, ''^^' 
 and with those of the under woodwards, are regularly 
 entered on the Attachment Rolls from 1 7 1 3 down to July 
 1 81 6. The names of the King's woodwards will be 
 found in the Appendix. 
 
 In the rolls which I have seen of the time of Elizabeth 
 the names of the woodwards of private woods are also 
 entered among the ministers of the Forest, but they 
 do not appear on the rolls of the i8th and 19th cen- 
 turies. 
 
 The offices of King's woodward and of his two 
 under woodwards continued to exist so long as the 
 Courts were held. Their duties, so far as can be judged Attachment 
 froni the records, consisted of the general supervision of ' 
 the woods, and of the exercise of the rights of lopping 
 them ; and they provided assignments of wood for such 
 as were entitled to them. 
 
 They also marked with the broad arrow, spear trees 
 which vrere not to be pollarded ; cut timber or trunks of 
 dead pollards (called wholves) for the construction and 
 repair of foot-bridges, and of gates and gate-posts, in 
 their districts in the Forest, and for other like purposes ; 
 and when necessary lopped branches for the shelter of 
 the deer in hard weather. 
 
Tj6 THE FOREST OF ESSEX. 
 
 To the woodward belong-ed by ancient custom all 
 ijthRep. of wind-fallen wood.* In Waltham Forest the Kind's 
 
 L. R. Com. . 
 
 1793- woodward had the right to take dead or decayed wood 
 
 Treas.ofRect. for fuel for his own use and not for sale : but the broken 
 
 For. RoUs, 
 
 Essex, No. 2. and wind-fallen wood in Havering Park was claimed by 
 
 20 Ed. I. ° ■^ 
 
 Henry de Cokyntone, the Steward of the Forest, in the 
 
 13th centuiy. 
 
 Sir w. Jones' A hatchet was formerly the symbol of the wood- 
 
 Rep. 266. . . ■^ 
 
 ward's office^, and it was his duty at the Justice Seat to 
 
 deliver it upon his knees to the Chief Justice. The 
 
 piac. For. record at the Justice Seat of 30 September, 1670, that 
 
 Exch. Treas. Thomas Tompson was fined i/. for an ill hatchet, 
 
 County Bags, probably refers to an irreverent performance of this duty 
 
 ssex, o. . ^.^j^ ^ dirty or broken weapon. 
 
 isthRep. In the 1 8th century, the instrument used was 
 
 [■•Dp ji^n? 
 
 described as a marking hammer, and by delivery of it 
 the office was conferred. 
 
 The Reeves. 
 
 The Reeves, as has already been said, were origin- 
 ally parish officers, who, probably after the Conquest, 
 
 ' The Latin version of the Rectitudines Singularuvi Personarum runs : 
 "Wudeward; id est custodi nemoris vel forestario, jure cecidit lignum 
 omne vento dcjectum." This also shows that the sanae meaning was 
 given to the words "woodward" and "forester." The Anglo-Saxon 
 text only contains the word " wudeward." 
 Lond. Gaz. . "^ In the New Forest, according to the claim of the lord of the 
 I 52, p. 3 57- liianor of Minestead, the symbol was a horn ; and the duties seem to 
 include those of a forester. 
 
THE REEVES. 177 
 
 became sworn officers and subject to the jurisdiction of 
 the Forest Courts, although they were still nominated by 
 the parishes, and performed duties in which the parish- 
 ioners as such were chiefly interested. 
 
 In the 1 2th century, a reeve (praepositus) and four Hoveden, An. 
 men from each vill were included among the persons ' " 
 directed by Richard I. to be convened by the Justices 
 itinerant of the Forests, to hear the precepts of the 
 King. But they are not mentioned at the Court of cotton rou 
 
 xiii. 1;. 
 1250. 
 
 The earliest of whom I have found any notice was st. Paioi's 
 William de la Hache, Reeve of Chingford in 1222 ; and chingford.' 
 in 1277, Stephen, Nicholas, Gerard, and Reginald, ^^^i^°^' 
 under the title of prsepositi or provosts, were Reeves for 
 Tolesbury, Langho (Langenhoe), Tolleshunt, and Ongar, 
 which were then within the Forest. 
 
 In 1489 (4 H. 7), at the Justice Seat, and in 1594 Duch.ofLanc. 
 (36 Eliz.) at the Swainmote, we have the names of the swainmote, 
 
 ^ ' . . 36Eliz.Bodl. 
 
 reeves in many of the Forest parishes ; each reeve bemg Lib. 
 then and thereafter recorded to have been summoned to 
 the Court, with the fourmen who assisted him. 
 
 The seventeen parishes, the reeves and fourmen of 
 which were summoned in 1489, were — 
 
 Stratford, Stapleford Abbotts, 
 
 Woodford, Navestock, 
 
 Wansted, Waltham, 
 
 Leyton, Nasing, 
 
 Walthamstowe, Epping, 
 
 Loughton, Chingford, 
 
 Theydon Boys, Barking, 
 
 Lamborne, Dagenham. 
 Chigwell, 
 F. N 
 
1 7 8 THE FOREST OF ESSEX. 
 
 The list of 1594 contains only thirteen parishes, 
 Stratford, Loughton, Stapleford Abbotts, Navestock, 
 and Dag-enham being omitted, and Woolhamstone Hall 
 being added. 
 ch.For.Proc. Jn the record of the Justice Seat of 1630, the names 
 
 No. 130. of the fourmen and reeve of " each villate withm the 
 Forest" are set forth. The number of the villates was 
 seventeen, and the list corresponds in this respect with 
 that of 1489; but Stratford, Navestock, and Chingford 
 are omitted, and Roydon hamlet, Little Ilford, and West 
 Ham are added. The last no doubt represented Strat- 
 ford, and Chingford was omitted by mistake: as it 
 Ch.For.Proc. appears in the Swainmote list of 1631, which in other 
 No.^140.' respects agrees with that of 1630, as does also the Swain- 
 No ho'"'' '' "^°*^ ^^^* '^^ ^^34- 
 
 Peraliib"i 01 Little Ilford was partly within and partly beyond the 
 
 Ch.For.Proc. Forest ; the former part was so thinly inhabited in 1630, 
 
 6 Car T' that only two fourmen were returned as assistants of the 
 wnmAf'^"'^' reeve ; and in 1 63 1 both these persons had left the Forest. 
 
 7 Car. I. J 1634 it is recorded that except the reeve there was no 
 
 !d. 10 Car. 1. \^ ^ ... 
 
 other inhabitant of the villate within the Forest, to avoid 
 the burdens of which the people had no doubt migrated 
 to the other parts of the parish. 
 
 The list of parishes which sent reeves and fourmen 
 to the Forest Court, and the inhabitants of the Forest 
 parts of which claimed common on the Forest wastes, 
 stood thus in 1634 — 
 
 Waltham Holy Cross, Stapleford Abbotts, 
 
 Dagenham, West Ham, 
 
 Woodford, Little Ilford, 
 
 Chigwell, Chingford, 
 

 THE REEVES. 
 
 Barking, 
 
 Lamborne, 
 
 Epping, 
 
 Nasing, 
 
 Theydon boys, 
 
 Leyton, 
 
 Walthamstow, 
 
 Wansted, 
 
 Roydon hamlet. 
 
 T-oughton. 
 
 179 
 
 In and after 1803 the list is nearly the same; but Attachment 
 Navestock is added, Little Ilford omitted, and Broadley put 25- juiy, 1803. 
 in the place of Roydon hamlet. As Broadley is not a parish, 
 it was probably the place where the reeve lived, and was 
 inserted by mistake instead of the district for which he 
 acted. It was omitted in the list of 181 2, and in those 
 which followed, Roydon being restored, and the number 
 of parishes being reduced to seventeen by the omission 
 of West Ham; the reason of which was, that the lord Man. of west 
 
 Ham, Court 
 
 of the manor of West Ham alleging that Ham Frith, RoUs, 18 
 
 . April, 1808. 
 
 part of the manorial waste, was "now disafforested, 
 took upon himself to appoint a reeve or bailiff, with 
 power to mark with the following device — 
 
 the cattle of the persons having a right of common 
 thereon, and to distrain and impound those found 
 trespassing. 
 
 N 2 
 
i8o 
 
 THE FOREST OF ESSEX. 
 
 Attachment 
 Roll, 23 April, 
 1723, 12 Oct. 
 1789. 
 
 Id. 29 April, 
 1 721, and 
 passim. 
 
 Id. 29 April, 
 
 1725- 
 
 Id. 29 June, 
 
 I74S- 
 
 Id. 21 June, 
 1790. 
 
 The Reeves were nominated by the vestries of the 
 Forest parishes for which they acted, and vvere presented 
 at one, and approved by the verderers and sworn at the 
 next Court of Attachments, which by a special order 
 directed that this course should be observed. This, 
 however, was not always done: a reeve for Epping 
 having on one occasion been sworn upon the certificate 
 of a great number of the inhabitants of Epping, and 
 without presentation by the vestry; and a reeve for 
 Barking, at another time, only on the recommendation 
 of Mr. Bamber Gascoyne, one of the verderers. 
 
 Attachment 
 Roll, 26 Jan. 
 1725-6. 
 
 The oath of the Reeve ran as follows : — " You shall 
 swear that you will well and truly execute the office of 
 a Reeve in the parish of . . in the Forest of Waltham ; 
 you shall drive and assist the Foresters in driving the 
 Forest, as often as the laws direct or you are thereunto 
 required ; you yourself shall not surcharge, nor see or 
 suffer any person to surcharge or put any uncommonable 
 cattle upon the said Forest, but you shall be of good 
 behaviour yourself towards Her Majesty's wild beasts 
 and the vert of the same Forest ; you shall not conceal 
 the offence of any person whatsoever either in vert or 
 venison, that shall be done within your charge, but shall 
 present the same at the next Court of Attachments or 
 Swainmote which shall first happen to be holden for the 
 same Forest. And you shall to the uttermost of your 
 power maintain and keep the assise of the Forest ; and 
 in all things the Queen's right defend concerning the 
 same, so long as you shall be Reeve there." 
 
THE REEVES. i8i 
 
 It win be observed that the oath is exclusively 
 directed to the performance of those duties which 
 concerned the Crown ; it specifies the driving- and the 
 prevention of surcharges of the Forest, but takes no 
 notice of the duties of the Reeve to the commoners, 
 viz., the marking of their cattle, which pastured upon the 
 wastes of the Forest, or the driving of the pastures. 
 
 The Court of Attachments, however, exercised full Attachment 
 power over the Reeves, and their assistants the fourmen, 17 May, 1715; 
 (who were also sworn) in all their duties. It gave 1723-4; 
 them directions as to the driving of the Forest, marking i3Ap^ni,i74ii 
 the cattle, bringing In accounts of the cattle marked, iijuife, 1748! 
 and other matters; it summoned them to answer for 24 Aug! 1801 • 
 neglect of duty, and fined or dismissed them for mis- 31 juFy.'is^.' 
 conduct, requesting the parish in the latter case to 
 nominate another person to fill the vacant ofiEce. 
 
 The driving of the Forest pastures has time out of 
 
 mind been part of the duty of the Reeves, who, still 
 
 bearing the title of parish reeves, drive the wastes of 
 
 Waltham Forest, just as the swain reeve did those of coa. Bipi. 
 
 219. 
 Mercia a thousand years ago. Cart. Sax. 
 
 There is no very early mention of the driving in the " 
 
 Waltham records ; but that it was an ancient custom in 
 
 1630, is shown by the presentment made by the Regard- ch. For. Proc. 
 
 ers in that year, another part of which affirmed the right 6 Car. i, ' 
 
 of common of pasture on the Forest wastes. "Wee °''^'^' 
 
 saye and p'sent that it hath byn the Anycient Custome 
 
 of the Forrest to bee Driven twice every yeare by the 
 
 Officers of the said Forrest, to avoyde Forrainners cattle, 
 
 For y* it may not be surcharged." 
 
1 82 THE FOREST OF ESSEX. 
 
 The entry also shows that the driving was not done 
 32 Hen. 8, under the statute of Henry VIII. for improving the breed 
 of horses, which required Forests and other wastes to be 
 driven yearly, at or soon after Michaelmas, or as often as 
 should be thought fit. The beginning and end of the 
 fence month were in later years made the times for 
 Attachment driving. Fifteen days before Midsummer is called the 
 usual time in an order made on the 17th May, 17 15, 
 and that time and the end of the fence month are fixed 
 by the modern driving warrants which were in the form 
 set out below. ^ 
 
 Memorandum Double fces {J.X,, 2s.) Were charged for impounding 
 
 Charges, Cattle during the fence month, viz., from 12 at nieht on 
 
 WalthamFor. '^ . . ° 
 
 2ist June to 2 1 St July. Sixpence per mile was payable 
 
 ' "To all Verderers, Foresters, Regarders, and other officers of 
 
 Epping Forest part of the Forest of Essex, otherwise called 
 
 the Forest of Waltham in the County of Essex. 
 
 Whereas by the Forest laws for the preservation of the wild beasts 
 
 with their Fawns the Forest ought to be driven yearly 15 days before 
 
 Old Midsummer day, and 15 days after. These are therefore to 
 
 require you to assign a certain day for the driving of the said Forest, 
 
 and to give notice to all officers and others concerned in such drifts 
 
 to give their assistance, and also to the owners of such beasts and 
 
 cattle as shall be found then coming upon the said Forest to come and 
 
 challenge their beasts and take them away, or else to seize them as 
 
 strays for the use of the Warden. And for your so doing this shall be 
 
 your sufficient warrant. 
 
 Dated this day of 
 
 Warden. 
 
 N.B.— The day of is the Driving day. 
 
 To 
 
 Reeve, Loughton." 
 
THE REEVES. 183 
 
 for driving to the pound ; 2s. 6d. when the beasts were 
 taken to the manor pound ; and always is. per day for 
 keep. After being- seven days in the manor pound, the 
 beasts were cried in the three market towns of Romford 
 on Wednesday, Waltham Abbey on Tuesday, and Epping 
 on Friday, at a cost of is. each and expenses. If not 
 owned, they were to be advertised when they had eaten 
 their heads off, in the Chelmsford and Hertford papers, 
 and then sold by auction at Romford Market. 
 
 The duties of the Reeves as to the marking of the 
 cattle on the Forest wastes, are so closely connected with 
 the rights of common of pasture, that I have thought it 
 more convenient to describe them in the chapter relating 
 to that subject. 
 
1 84 
 
 THE FOREST OF ESSEX. 
 
 The Beadle. 
 
 ■VVilkins, 372, 
 Ch. For. 9 
 H. 3, s. 7. 
 
 Memoranda 
 de Foresta. 
 
 There is not much notice of the Beadle of the Forest 
 in the Waltham records, although it is shown by the 
 Forest laws of John and Henry III., which forbad foresters 
 and beadles to make extortions and gatherings in the 
 Forests, that his office existed at an early date. He 
 does not appear among the ministers of the Forest on 
 the Waltham Attachment Rolls until 1770; nor, except 
 "William the Bedel," who was in default at the Justice 
 Seat in 1277, and who was perhaps a Forest beadle, is 
 there any mention of this officer on the rolls before June, 
 1 7 1 8 ; when John Peckover was sworn beadle in the room 
 of Edward Alexander, and at the next Court presented 
 one Jones of Stratford for assaulting and pulling him 
 from his horse, and taking his (Jones') horse out of the 
 pound. 
 
 The beadle and the woodward appear to have taken 
 the same oath, which bound them to present, to the 
 utmost of their power, all trespasses to vert or venison, 
 waif or stray, within their keeping, at the next Court of 
 Attachments. 
 
 Richard Hould, who held the office in 1788, in 
 answer to an inquiry by the Commissioners of Woods 
 and Forests, said that his duties were to see that the 
 Forest was not surcharged by cattle commoning without 
 right ; to drive the Forest at fence month, and at other 
 
THE BEADLE, 185 
 
 times of unmarked cattle ; and to officiate as crier of the 
 Court of Attachments. 
 
 Hould was also a Reeve, and perhaps did not cor- 
 rectly distinguish the duties of the two offices. In fact, Attachment 
 the beadle also pounded strayed beasts, delivered notices 2s°jiy, 1719; 
 ordered by the Forest Courts to be issued, and per- ^'J'™^''79o- 
 formed the duties prescribed by his oath by preventing u. 25 Nov. 
 the unauthorized use of weapons in the Forest, and n Oct. 1746. 
 seizing them if possible ; when he did so, the Court 
 usually directed, as in the case of the under foresters, 
 that he might keep them as a reward for his diligence. 
 
1 86 
 
 THE FOREST OF ESSEX. 
 
 CHAPTER IV. 
 
 The Wild Deer. 
 
 " I am one of the King's hunters. 
 
 " How dost thou exercise thine art ? 
 
 " I malte my nets and set them in an open place, and set on my 
 " hounds to chase the wild deer till they come to the nets unawares, and 
 " so are entangled j and I slay them in the nets. 
 
 " Canst thou not hunt except with nets ? 
 
 " Truly, I can hunt without nets, 
 
 " In what manner? 
 
 " With swift hounds I overtake the wild deer. 
 
 " What wild deer dost thou mostly take ! 
 
 " I take harts, boars, and bucks and goats j and sometimes hares."' 
 
 1st Inst. 233a. 
 8 Rep. 138a. 
 Manwood,F.L. 
 Gwill. Her. 
 ch. 14, s. 3. 
 
 Hist, of Ang.- 
 Sax. Book viii, 
 
 GGOr^DING to the English authorities on 
 forestry, the hart, the hind, the hare, the boar, 
 and the wolf, to which Coke adds the buck, were properly 
 
 ' Colloquies of ^Ifric, Tib. A. 3, fo. 61. 
 
 The word " bucks " is represented in the original MS. (which is 
 written both in Anglo-Saxon and Latin) by the Anglo-Saxon " pann," 
 and by the Latin " dammas." Sharon Turner makes the former word 
 "fiana," and translates it "reindeer," which is not likely to be the 
 meaning, the animals mentioned being, for an obvious reason, such 
 as were commonly known. 
 
 Mr. Birch considers the date of the MS. of the Colloquies to be 
 early in the i ith century. As it was therefore written during the life, 
 or soon after the death, of the author, the use of the word " dama," 
 which is commonly taken to refer to the fallow deer, carries great 
 weight. 
 
THE WILD DEER. 187 
 
 beasts of forest or venary ; and the buck, the doe, the HoUnsh. i. 
 
 fox, the marten, and the roe, beasts of park or chase. Book of 
 
 But Coke, in his treatise on the Forest Courts, adds the fo.'ao. ' 
 
 fox, and the marten, to the beasts of the forest ; and says 4th insTsie. 
 
 that whatsoever beast of the forest is for the food of man 
 
 (and therefore the red and fallow deer, the wild boar, and 
 
 the hare), is venison ; but that the roe, because it is no 
 
 beast of the forest, is not venison, though it be food, and 
 
 taken by hunting. And it was settled by the Justices 
 
 and King's Counsel in 13 Edward III. that capreoli {Jd ist inst. 233a. 
 
 est, roes) are not beasts of the forest, for this curious 
 
 reason; ''^ eo qtiod fitgant alias /eras ^ But as a general 
 
 rule these fanciful distinctions were rather matters of 
 
 woodcraft than of law, and probably varied at different 
 
 times, and in different forests. 
 
 In Waltham Forest neither the fox nor the marten 
 had any higher rank than that of vermyn or raskalls, in 
 which class some of the writers on venary also included 
 the wild cat and the badger, and in some districts the 
 wolf and the hare.^ 
 
 The Forest law of Canute made an entirely different § xxvu. 
 division of the wild animals. It states that besides 
 
 ' Shakespeare also used the word raskall for a deer out of condition. "As You Like 
 
 It *' act X 
 "The noblest deer hath them as huge as the raskall." gg'_ ,_ 
 
 The badger was vermin in law ; but it was a trespass to dig him out 
 of another man's land without licence ; for, as Justice Dodderidge 
 wisely remarked, " he might have got him out either by smoking 2 Bulstrode, 
 him out, or by using of tarriers to get him out." If the justice had ^°- 
 lived later he might have added a third way, said to have been used 
 by a gentleman in Norfolk, who, for a wager, drew a badger with his 
 teeth. 
 
1 88 THE FOREST OF ESSEX. 
 
 beasts of the forest {i.e. it seems stags and boars) 
 there were some beasts, such as roes, hares, and rabbits, 
 for the killing- of which within the bounds of the Forest 
 recompense must be made; and others, such as oxen, 
 cows, and the like, which, though living within the 
 bounds, and under the care of the ministers of the Forest, 
 could not be considered as belonging to it. Foxes and 
 wolves were neither beasts of the forest nor of venary, 
 and no penalty was incurred for the destruction of them, 
 though it was a breach of a royal chase to kill them 
 within the Forest. The boar, though a beast of the 
 forest, was not usually considered to be a beast of 
 venary. 
 
 This last is a remarkable distinction. The fox has, 
 in England, always been held to be noxious, the roe of 
 inferior rank, and the rabbit of little consequence ; even 
 the hare has not always had the position given to it by 
 Coke; but the wild boar was, in Norman times, one 
 4th Inst. 316. of the principal objects of the chase ; and Coke says 
 that his flesh is as much venison as that of the deer. It 
 must, however, be remembered that the laws of Canute 
 refer* to and probably embody laws still more ancient 
 than themselves, and made at a time when both the wolf 
 and the boar were too common and destructive to be 
 the objects of preservation, or of the special care of the 
 foresters. 
 
 The wild animals which, according to Fitzstephen's 
 description of London, inhabited in the 12th century, 
 
 § xxi. ' " Crimen veneris ah aniiquo inter majora et non immerito 
 
 nuraerabatur." 
 
THE WILD DEER. 189 
 
 the densely wooded thickets of the vast Forest which lay 
 close to the North side of the city, were stags, fallow 
 deer, boars, and wild bulls, or (as one of the MSS. has 
 it) bears ; of the existence of which last, however, in 
 historical times, there is no evidence. 
 
 The red and fallow deer have for many centuries 
 been the only representatives in the Forest of Essex of 
 those larger beasts of chase which were the principal 
 object of the Forest laws, and of the care of the Forest 
 ministers. 
 
 There are no entries about the Wolf in any of the Transactions 
 records of the Forest of Essex which I have seen. But ciub, vol. 3, 
 that it was once common there is shown by the discovery ^' 
 of its remains during- the construction of the reservoirs 
 at Walthamstow ; and there is satisfactory evidence of 
 its presence in the Forest and in other parts of the county 
 during the historical period, though none of the time at 
 which it became extinct. The boundaries of land in 
 Welde and -^Iwarton, granted by Edward the Confessor cod. Dipi. 
 to Waltham Abbey in^ 1062, included a "wolf pit" and 
 a "wolf run" or "leap;" and in 1277 there is a pre- pi. For. 
 sentment for wasting a grove called " Wolvesgrave." Regard of 
 The name of the manor of Wolfhamston, in Barking, Colchester. 
 may also be connected with it. 
 
 Among the tenures by which lands were held in 
 Essex and the neighbouring counties was the duty of Bioimt, 23:. 
 finding certain dogs for the destruction of wolves and ^^ ' ' ^°'^' 
 martens, cats, and other vermin. In the reign of Ed- 
 ward III. Thomas Engaine held lands in Pitchley in 
 Northamptonshire, and Sir Thomas de Ailesbury and Blount, 260. 
 Katherine his wife at Laxton in the same county, 
 
1 90 
 
 Blount, 235. 
 
 See Holins- 
 hed, 2. 225. 
 
 Transactions 
 of Essex Field 
 Club, vol. 3, 
 p. 6. 
 
 THE FOREST OF ESSEX. 
 
 subject to this duty ; and by the service of keeping for 
 the King five wolf dogs (canes lupararios) William 
 de Raynes held land in Finchingfield, in Essex, in 13 
 Edward I. 
 
 But it cannot be inferred from these facts that the 
 wolf ran wild in Essex during the reigns of those Kings. 
 The destruction of wolves by Edgar was, of course, not 
 complete ; and the natural increase of those which re- 
 mained, immigration from the northern forests, and 
 possibly, occasional reintroductions for the purpose of 
 hunting, would account for their being sometimes found 
 in England, much later than the time at which they are 
 popularly supposed to have been extirpated. But the 
 evidence of comparatively late grants of land upon the 
 tenure of killing wolves is of very small value, as they 
 were commonly made in the same terms as more ancient 
 grants which they confirmed, or for which they were 
 substituted. 
 
 The remains of the Wild Boar are abundant in the 
 peat and shell marl at Walthamstow; and Fitzstephen 
 speaks of it as existing in the Forest in his time ; but the 
 Forest records contain no distinct evidence that it sur- 
 vived to a later period. The claim of John Barefoote, 
 lord of the manor of Lambourne Hall in 1670, to hunt 
 and take foxes and all other wild beasts within the Forest, 
 except hogs and deer, was probably copied from a much 
 more ancient claim or grant ; but it is interesting, 
 because, on the principle noscitur a sociis, it shows the wild 
 boar in its proper position as a beast of forest or venary. 
 In later times there are notices of the finding of deer, 
 dead and devoured by hogs or swine ; but these were 
 
THE WILD DEER. 191 
 
 without doubt swine which had been turned into the 
 Forest for the sake of the pannage. 
 
 Some remains of the Roe were found in dieg-ing the Transactions 
 
 °° ° of Essex Field 
 
 reservoirs of the East London Waterworks at Waltham- ciub, vol. 3, 
 
 p. 7. 
 stow, but they were not common ; and the animal is not 
 
 mentioned in the rhyming charter, or in any Forest docu- 
 ment which has come to my knowledge. The roe was u. vol. i, 
 reintroduced into the Forest in 1884, by the exertions of Buxton's 
 Mr. E. N. Buxton. iSf p. 79, 
 
 The records are also silent as to Wild Cattle, though 
 they are mentioned by Fitzstephen. They were not §xxvii. 
 beasts of forest or of venary under the laws of Canute ; 
 nor of forest or chase under the Norman laws. 
 
 The Wild Cat, or Wood Cat, is mentioned in several 
 of the ancient Forest claims and grants. The monks of Carts An- 
 Waltham Abbey were empowered by Richard I. to hunt March, 1189- 
 
 QO, 
 
 it, together with the hare and the fox, in Essex and 
 West Waltham; and their successors in title, the Earls 
 of Norwich, and Manchester, lords of Waltham Holy For. Proc. 
 Cross ; the Countess of Winchelsea, and Lord Grey of thamVor! ' 
 Warke, lady and lord of Epping ; the Earl of Norwich, "' '" 
 and William Pocock, lords of Sewardstone ; Edward 
 Elrington, and John Forest, lords of Theydon Hall, and 
 others, claimed a right to hunt it in 1630 and 1670. 
 
 It is possible that the animal referred to may have 
 been the marten, which was recognized as a beast of 
 chase if not of the forest, and is nearly allied, and not 
 much inferior in size, to the true wild cat. 
 
 The Hare is not mentioned by Fitzstephen, and 
 never seems to have been greatly valued in Essex. 
 Although placed by Canute's law in the same category 
 
1 92 THE FOREST OF ESSEX. 
 
 with the roe and the rabbit, it was afterwards classed 
 
 among the beasts of venary, perhaps in consequence of 
 
 Sax. chron. the Order of William the Conqueror : who " decreed by 
 A.D. 1087. ^ ■' 
 
 the hares that they should go free." 
 
 Coke says it is venison, and reminds us of the pre- 
 eminence given to it by Martial : 
 
 Lib. 13, Ep. " Inter aves turdus, si quis me judice certus, 
 
 ^^" Inter quadrupedes, gloria prima lepus." 
 
 ch.For.Proc. But in 1630 no better reason was given for presenting 
 
 Certificate of a pcrsou for hunting and coursing hares, than that it was 
 
 No. 71. ' "to the general disquieting of the King's deere there." 
 
 Still less respect was shown to it at the Justice Seat in 
 
 1634, 9-t which the grand jury was charged to inquire 
 
 " whether anie by colour of huntinge the Hare or Fox 
 
 or other vermn in the Forest w^'out lycense, have killed 
 
 or chased the Deere." And it is also included among 
 
 the vermin which the holders of various lands were 
 
 bound by tenure to destroy. Later, perhaps as affording 
 
 a more easy kind of sport to James I., it was treated as 
 
 EnroUed at a beast of warTcn ; and in 1 6 1 1 , on the death of John 
 
 21 Sept. 1630. Man wood, the King appointed Anthony Lewes "Keeper 
 
 6 Car. I, "^ ■ of our game of hares, pheasants, and partridges" during 
 
 o.r3o,m.i . j^.^ j.^^^ .^ ^^ ^^ ^^^ ample manner and form as 
 
 John Manwood, Gentleman, lately deceased, enjoyed 
 the same, and at the wages and fee of 1 2d. by the 
 day. 
 
 There were several claims to hunt and kill it in 
 1630 and 1670, besides numerous claims of free warren, 
 in which that right was included. 
 
THE WILD DEER. i93 
 
 It was the custom of the foresters to distinguish 
 the beasts of forest and chase by particular names, 
 according to their age and sex. Sir Thomas Malory M^te 
 tells us, that of the famous knight Sir Tristram came, bk. x ch'. lii. 
 
 ^ and bk. viii. 
 
 as books report, "all the good terms of venary and ch. iu. 
 hunting, and all the sizes and measures of blowing of 
 an horn; and of him we had first all the terms of 
 hawking, and which were beasts of chase and beasts of 
 venary, and which were vermins." Sir Tristram, as the 
 romance says, had in his youth spent seven years in 
 France ; and some of the names of the fallow deer cer- 
 tainly bear marks of French origin. 
 
 The young of the Red deer of either sex, is called 
 in the first year a Calf, the female sometimes a Hind 4th inst. 316. 
 
 •' ^ GwUhm, 
 
 calf; in the second year the male is a Brocket, and 6th ed. 153. 
 
 the female, according to the writers on Forest law, a ■ 
 
 Brocket's sister; but at the Swainmote held in Waltham 10 June, 1594. 
 
 Forest in 1594, she is called a Herst;* in the third year 
 
 the male, according to the forest writers and Gwillim, is 
 
 a Spayad ; and this is the only one of these terms of 
 
 woodcraft which I have not found in the Forest records : 
 
 the female in the same year, and ever afterwards, is a 
 
 Hind. In the fourth year the male is a Staggard; in 
 
 the fifth a Stag ; and in and after the sixth year, a Hart. 
 
 But if he had been hunted by the King, he became a 
 
 Hart Royal ; and if the King, in consideration of the 
 
 sport which he had given, had proclaimed that he 
 
 was not to be hunted again, he became a Hart Royal 
 
 ' In Dryden's Notes to Twici the word is written " Hearse." 
 F. O 
 
1 94 THE FOREST OF ESSEX. 
 
 Proclaimed; but I have found no record of any deer 
 which had attained these dignities in the Forest of Essex. 
 Nor were any such honours bestowed upon the 
 Fallow deer, which were more numerous in the Forest 
 than the red kind. Gwillim speaks of the stag as 
 HeiakUy, " a goodly beast, full of state in his gate and view, and 
 
 6th ed. ... 
 
 pp. 150, 159. among beasts of chase the chief for principal game and 
 exercise;" elsewhere he says, that in the opinion of 
 some authors the attires of gentlewomen's heads were 
 first found out and devised "by occasion of the sight of 
 the horns of this beast,^ because they are seemly to 
 
 ^^- 157. behold and do become the beast right well." But he 
 speaks with some contempt of the buck, as " a worthy 
 beast, which hath a degree and measure of all the pro- 
 perties of the stag, but cometh far short of his state- 
 liness and boldness." 
 
 4th Inst. 316. In the first year, the young of the Fallow deer, 
 
 Manwood, 
 
 ch. 4. whether male or female, is cailed a Fawn ; the male of 
 
 Grwillim, ._-., 
 
 6th ed. 155. the second year is a Pnckett, and the female, according 
 to the writers on forestry a Prickett's sister; in Waltham 
 Forest it was called a Tegg. The male in the third 
 year is a Sorel, and the female then and afterwards a 
 Doe ; the male in the fourth year, a Sore ; ^ in the fifth 
 
 ' Barcham, the reputed author of Gwillim's Heraldry and a learned 
 antiquary, must be credited with this pleasantry. The book seems to 
 have been written some time before its first publication in 16 10. 
 Fairholt's The horned head-dresses, which he ridicules, were prevalent in the 
 Costume in 14th, and till the end of the 15th century ; but I cannot find that they 
 yded.1.181). lasted so long as Barcham's time. About 1700, ladies' head-dresses 
 Spectator, again " shot up to a very great height," as Addison says ; but they do 
 No. 98. jjQ^ appear to have been in the shape of horns. 
 
 ^ The reader will remember the play upon the words Prickett, Sorel, 
 and Sore in "Love's Labour's Lost," Act 4, Scene 2. 
 
THE WILD DEER. 195 
 
 a Buck of the first head ; and in the sixth and afterwards, 
 a Buck or great Buck. 
 
 These names had been settled by the end of the 15th 
 century ; but they varied at earlier times. At the begin- 
 ning of the 14th century, although the red deer during 
 the first three years was called calf, brocket, and spayad, 
 Guillaume Twici, the huntsman of Edward II., called it a Art of Hunt- 
 soar in the fourth year, a great soar in the fifth, and a 
 stag of the first head in the sixth ; thus giving it one of 
 the names which was afterwards used for the fallow deer 
 only. And, says Gwillim, some ancient writers do Heraldry, 
 report that in times past, foresters were wont to call him ^ ' ^' '^^' 
 (/. ^., the male red deer) a stag at the fourth year, and 
 not a staggard ; and at the fifth year they called him a 
 great stag. 
 
 The discovery in the Walthamstow deposits of only Transactions 
 one antler (said to be probably recent) of the fallow deer, ciub,%oi. 3, 
 and the absence of any mention of it in Canute's Laws, ^" '' 
 support the opinion that it was not indigenous to this 
 country. If it is referred to in the passage cited from Supm, p. i85. 
 the Colloquies of ^Ifric, it was probably a well-known 
 wild deer in the English Forests in the loth century; 
 but it Is singular that It should have had no other Anglo- 
 Saxon name than " pan " which appears to have been also 
 applicable, with a slight (If any) variation, to the roe and 
 the goat. The names "buck" and "doe" denote the 
 male and female of these and of several other animals, 
 though they are applied par excellence to the fallow deer. 
 The word "fallow" refers to the usual reddish-brown 
 colour of the species, but the Essex deer are of an almost 
 uniform dark-brown tint. These were Introduced into the 
 
 o 2 
 
1 96 THE FOREST OF ESSEX. 
 
 Transactions Forest, it Is Said, by James I. ; but Mr. Harting produces 
 ciubTvoi-i! evidence of the existence of this variety in Windsor 
 EveVshiiey Forcst in 1465 ; and if the deer in Waltham Forest 
 onDeerParUs, y^^^^^^ ^j^g ^jj^g ^f ja^es werc of the ordinary colour, 
 
 it is strange that they should have entirely disappeared. 
 
 The hunting and coursing in the Royal Forests of 
 the various wild animals described by ^Ifric's huntsman 
 as "wild deer," and of some others, was from very early 
 times forbidden to all but the King, and those who were 
 specially authorized by him, or for his service. 
 
 In commenting upon the Forest laws which bear the 
 name of Canute, I have already mentioned the punish- 
 ments which they prescribed for the offence of chasing 
 the wild beasts. 
 §§ I. ?. 12- Henry II., in the Assise of Woodstock, forbad trans- 
 
 See also 
 
 Houard, Gout, gressions against his hunting or his forests, and warned 
 vol. 2, p. 563, offenders that they would not merely be held answerable 
 
 cap. XV. 
 
 m their goods, but would be punished as in the time of 
 Henry I. ; and bad his foresters to have no scruple in 
 laying hands upon clerical offenders. For the first and 
 second transgressions substantial bail must be found ; on 
 the third occasion the offender's body only, and no pledge, 
 was to be taken. 
 St. 21 Ed. I In the time of Edward I., a forester, or persons who 
 
 aided him, were not to be troubled if, without malice, 
 they killed a trespasser wandering in a forest, park, or 
 warren with intent to do damage, and who, refusing to 
 yield after hue and cry, fled or defended himself with 
 force and arms.^ 
 
 Le^l^r^''^' ' ^y Skene's laws, if a stranger found in a forbidden place in the 
 cap.ix. Forest would swear upon his weapons that he knew not the way to 
 
THE WILD DEER. i97 
 
 The Forest records contain but few notices of the 
 hunting in it by the Kings in person ; but it is well 
 known, that from the time of Edward the Confessor, and 
 probably much earlier, they frequented it for that purpose. 
 Edward VI., as we have seen, complained of the destruc- Supra, p. 36. 
 tion of the deer in consequence of reports that he intended 
 to disafforest the Forest ; and gave notice that he would 
 maintain it as his father had done. Queen Elizabeth 
 also hunted in it, and resorted to the lodge at Chingford, 
 which bears her name; but in her latter years the neglect 
 of the laws again led to great irregularities; and James I. Deiaration, 
 had sat on the throne for hardly a year, when he violently Addenda, 
 scolded his subjects for their ill-manners in interfering p.45i,No.84'. 
 with the sport of himself and his family ; and threatened 
 not only to enforce the Forest laws against all stealers 
 and hunters of deer, and to exempt them from his 
 general pardon, but to debar any person of quality so 
 offending from his presence, and to proceed against 
 those who provoked his displeasure by martial law ! 
 
 He had hoped, he said, seeing his subjects knew 
 how greatly he delighted in hunting, that none would 
 have offered offence to him in his sports; gentlemen 
 of the better sort had behaved as those who knew 
 their duty, but not some of the baser sort ; there had 
 
 have been forbidden, and knew not the right way, the forester was to 
 convoy him to the common way, and there suffer him to pass away 
 without trouble. But if he were a " knawin man," he was to be taken 
 and conveyed to the King's castle ; and there without the port of the 
 castle, the forester before witness was to take his " upmaist cloth " ; 
 and all which was in his purse was to pertain to the forester ; and his 
 body was to be delivered to the constable or porter, to be kept at 
 the King's will. 
 
THE FOREST OF ESSEX. 
 
 been more offences since his last coming forth to his 
 progress than even in the late Queen's time, when, her 
 years being less fit for recreation, the game was less 
 carefully preserved; such offences showed insolence 
 and want of reason ; and he wondered, seeing he had 
 shown his maintenance of the laws of the realm, that 
 they should think he would not enforce the Forest laws, 
 which were as ancient and authentic as the Great Charter. 
 Some entries on the Court rolls show that James' 
 successors sometimes hunted in the Forest; but they 
 ceased to do so for many years before the disafiforesta- 
 tion. 
 
 Sports and 
 Pastimes, 
 ch. I. 
 
 7 H. 3, Close 
 Rolls, 564. 
 (R. C.) 
 
 It was the practice in modern times to issue warrants 
 to the foresters to supply such venison as was required 
 for the use of the Sovereigns or their friends, or for the 
 accustomed fees to the Forest officers. But at an earlier 
 period the Kings employed servants, such as the hunter 
 who figures in .^Ifric's Colloquies, to assist them when 
 they hunted in person,' and to go to the numerous Royal 
 Forests with attendants, horses, and hounds, for the 
 purpose of obtaining the necessary supplies of venison.^ 
 It was doubtless one of the great causes of complaint 
 against the early Kings, that these officers were quartered 
 during the close times sometimes upon the landowners 
 
 ' An account of the arrangements for a Royal hunting from a MS. 
 called "The Maisler of the Game," written for the use of Prince 
 Henry, son of Henry IV., will be found in Strutt. 
 
 ^ For example : " The King to Hacon de Hathelakeston. We 
 command you that the venison which Master Guido and his fellows, 
 our hunters, took in your bailiwick, you send to us without delay in 
 good and strong waggons." 
 
THE WILD DEER. i99 
 
 and sometimes upon the sheriffs of the counties, who were 
 directed to supply them with necessaries and allowances ; 
 in the case of the sheriffs at the cost of the Exchequer ; 
 but commonly without any such direction for the benefit 
 of private persons ; who often held their lands subject to 
 obligations of this kind. Four or five hunters would |^^yg't°^^ 
 sometimes be sent, with several horses, and forty or fifty Joim, 7, is, 
 hounds and their attendants ; and if these people de- h. 3, 3, 6. 
 served the evil character given by John of Salisbury to all PoUcratkus, 
 hunters, the burden and annoyance which they caused must 
 have been very great. They smelt, he said, of the Centaurs ; 
 seldom was one of them found who was courteous, steady, 
 or chaste ; never, as he believed, one who was sober. 
 
 But the service was ill-paid, and was not free from 
 danger. When ^Ifric's huntsman was asked what the Colloquies, 
 King gave him in return for the venison which he fo. 6ib! 
 brought, the answer was, " He clothes and feeds me, 
 and sometimes gives me a horse or a bracelet, that I may 
 the more willingly exercise my art." 
 
 Grants of deer to be taken yearly, were sometimes Charter Roils, 
 made. The Knights Templars enjoyed such a right by memb.'33 
 grant of King John, to take by view of the foresters three • • p- • 
 stags yearly in the Forests of Essex or Windsor. A p^- ^°\ ^ 
 similar grant was made by Richard II. to Nicholas 2- '5- „ 
 
 ^ -^ For. Roll. 
 
 Morice, Abbot of Waltham Holy Cross ; and the Abbot Hari. roU, 
 is said to have been entitled to fee deer in the time of ciaim of Eari 
 
 of NoiTvich, 
 
 Henry VIII. In 1630, 1670, and 1714 the lord of the For. Proc 
 
 1 All, 1 . Waltham For. 
 
 manor, as the Abbot s successor, claimed under this 6 car. i. 
 right, and was allowed three bucks of good season in ofManchester, 
 summer yearly at the Feasts of the Reliques (July 11), Attachment 
 
 ^ ^•> J 1' Roll, 28 June, 
 
 1813. 
 
20O THE FOREST OF ESSEX. 
 
 of St. Augxistine (May 26), and of the Exaltation of the 
 
 Holy Cross (September 14^), and three does in the 
 
 winter seasoij yearly, as fee deer. 
 Attachment But the claim was refused in 181 3, on the ground 
 
 1813! ' that the warrant of 17 14 was not entered on the rolls of 
 
 the Court, and was only personal to the then Abbot. 
 Duch.ofLanc. The Abbot of St. Mary, Stratford, had a similar 
 
 For.ofwki- grant during his life from Edward IV. of two bucks in 
 Claim of " ' their season, and two does in their season, to be taken 
 Charter? within the Forest of Waltham. 
 
 For. RoU, The Lady of Barking (the Abbess) and the free- 
 
 Har"'Riu,^' holders were also entitled to fee deer in the time of 
 
 Henty VIII. 
 
 c. C. 12. 
 
 Sometimes, also, a right was granted to take a 
 
 ci.R.Hjohn, certain number of live deer. Roger de Bigod had a 
 
 • • p- 123- gj-ajit of forty deer in the Forest of Essex from King 
 
 John, one of the King's foresters being ordered to be 
 
 ci.R.isjohn, sent with him until he had taken them ; and in the next 
 
 ' '^' ' year William Bishop of London was allowed by gift of 
 
 the King, to take twenty deer and two stags. . The 
 
 ci. R. 9 H. 3, Bishop of Ely had a similar licence to take from the 
 Forest of Essex ten deer and two stags, which had been 
 given him by the Lord Richard; it seems there was 
 a scarcity of them at that time, for it was added, that 
 because it might be difficult to take them in that Forest, 
 he might take them in the Forest of Rockingham, unless 
 
 CI.R.10H.3, he had already taken them in Essex. Another grant in 
 1225 to Thomas de Muletoh, was of ten does and one 
 
 ' These are the nearest feasts to the end and the beginning of the 
 fence month ; and the end of the season for hunting the buck. 
 
THE WILD DEER. 201 
 
 buck to place in his park at Kelvedon ; and one of the Pat. roII, 
 
 ^ ^ 2 R. 2, pt. 2, 
 
 same kind was made by Richard II. to the Abbot and m. 15. 
 Canons of Waltham. 
 
 Licences were also granted to keep hounds and to 
 sport in the Forests ; but limited as to the number of 
 hounds, and to the hunting of the inferior kinds of game 
 — usually the fox, the hare, and the wild cat. In 1200 
 King John notified to Albrecht de Ver, the warden, that 
 he had granted to Richard Gosfield and his heirs the close RoU, 
 right to have eight brackets, and one male and one r: c°' ^' '^^' 
 female harrier in the Forest to take such game ; and in 
 subsequent years, the son of the Earl of Arundel, and id. 1212-13. 
 John Juvenis, Steward of the Abbey of Waltham, had p. 129, k.c. 
 grants — the former, of the right to hunt hares, and the 15 john, 
 latter, hares and foxes in Essex. The grants by Richard I. ^' 'tl-L 
 and Henry III. to the Abbot and Canons of Waltham, to 5 Ed. i°Exch. 
 take the hare, the fox, and the wood cat, were the c^nty Ba|s!' 
 foundation of their claims to hunt made in 1323-4, and piac^For!' '" 
 1489 ; which were repeated by their successors, the Earls Exch.^xrers"' 
 of Norwich and Manchester, William Pocock, and the ,7 e^^'j 
 Countess of Winchelsea and Lord Grey of Warke, in Charter roU. 
 
 Duch.ofLanc. 
 1630 and 1670. Misc. Rec. 
 
 The Abbess of Barking had dogs and harriers Waitham, ' 
 coursing in the Forest in 1292, under an ancient charter. Treas.ofRect. 
 The Bishop of London and the Dean and Chapter of 1°^;^^^!,% 
 St. Paul's claimed a right for the Bishop to hunt with ^oEd. i. 
 his dogs, the hare, the fox, and the cat, as he passed 
 through the Forest ; and claims were made by Thomas 
 of Huntercombe, of a right of free chase through the 
 whole Forest, with two greyhounds and four hounds; 
 and by George Rodney, lord of the manor of Waltham- 
 
202 THE FOREST OF ESSEX. 
 
 stow Toney or High Hall, to hunt with eight harriers 
 and twenty brackets; the claims being limited to the 
 taking of the hare, the fox, and the cat, except that the 
 last also included the badger. Several of the iponasteries 
 and other landowners had also ancient grants of free 
 warren, claims to which were made by many of the lords 
 of manors in 1630 and 1670. 
 
 A right of hunting in the Forest traditionally held 
 
 to belong to the Corporation of London, and to have 
 
 been exercised yearly on the occasion of the Epping 
 
 hunt, was claimed by the Corporation before the Epping 
 
 Rep. of Coal, Forcst Commissioncrs ; but no documentary evidence 
 
 Corn, and Fin. 
 
 Committee, could be found to support it, although careful search was 
 p. 7- ' made among the City records. The charter of Henry I., 
 &i!'of clt^^of the earliest which conferred hunting rights upon the 
 No°m'. citizens, and the only one which defined them, limits 
 them to the chaces enjoyed by their ancestors in Chiltre 
 /^. Nos. V. & (Chiltern), Middlesex, and Surrey. And the confirma- 
 tions by the first charter of Richard I. (1194), and by 
 the fourth charter of Henry III. (1227), contain no 
 mention of any right to hunt in Essex. 
 
 In the 1 8th and igth centuries the power of granting 
 sporting licences was exercised by the Chief Justices "of 
 the Forest. Their licences gave a right to take all beasts 
 and fowls of forest, chase, park, or warren (red and 
 fallow deer only excepted), with moderation, so as not 
 to prejudice the King's vert or venison ; and were 
 required to be entered on the rolls of the Court of 
 Attachments.^ Either the granting of the licences by 
 
 Claim No. 48, 1 According to a claim made by Thomas Bingley in 1850, the sum 
 paid for a licence to sport from the Chief Justice was twenty guineas. 
 
THE WILD DEER. 203 
 
 the Chief Justices was thought to be an innovation, or 
 the restrictions on their use were not regarded ; for in 
 1720, several of the master keepers complained at the 
 Court, of abuses and great destruction among the deer 
 by people claiming a right of shooting under licences 
 granted by Lord Tankervill when Chief Justice ; and a Attachment 
 representation was ordered to be laid before him. And ° ' 
 in 1722-3, another representation upon the same sub- id.K^rH, 
 
 1722—'^. 
 
 ject was ordered to be laid before Lord Cornwallis, 
 then Chief Justice. But these remonstrances appear. to 
 have had no effect in lessening the number of grants ; 
 for in the same year seventeen licences were granted, 
 and twenty-one in 1724. In 1726, eleven licences 
 granted by Lord Tankervill, and forty-eight by Lord Attachment 
 Cornwallis, were running; and though the numbers 
 presented at the Courts were less for some years after, 
 158 were found to be in force in 1737. During the /<?. 1737- 
 next twenty-five years the average yearly number 
 granted was less than five; and in three decennial 
 periods after 1769, less than three. In the last of these 
 (1802), appear among the licensees the names of Louis 
 Joseph de Bourbon Prince of Cond^, and the Due de 
 Bourbon, the only persons of title on the lists. 
 
 Soon after this time, foxes were included in the Attachment 
 excepted game. In 1815 some difficulty was raised 1812'. 
 about the enrolment of a licence granted by Chief 
 Justice Grenville, and from this date to the abo- 
 lition of his office, when the power of granting licences 
 fell into the hands of the Commissioners of Woods 
 and Forests, very few licences were brought for inrol- 
 ment. 
 
204 
 
 THE FOREST OF ESSEX. 
 
 §xxvi. The provisions of Canute's Forest law as to the 
 
 '*■ penalties incurred by all, except bishops, abbots, and 
 
 thanes, who killed or hunted wild beasts in a Royal 
 
 §xxxi. Forest, have been already mentioned. Another clause 
 
 forbad the mediocres to keep greyhounds, but allowed 
 freemen to do so when the dogs had been hocksinewed 
 in the presence of the chief ministers of the Forest. 
 
 § "^- As the mediocres themselves were freemen virtute officii, 
 
 the restriction was obviously designed to prevent them 
 from abusing their trust as keepers of the game. 
 
 Assisade It was forbidden by Henry II. and by Richard I. 
 
 Foresta, H. 2, ■' ■' •' 
 
 § 2. Hoveden, that any should have bows or arrows,' dogs or hounds 
 Ser.). Assis. (leporarios) in his forests, save by licence of the King, 
 
 Reg.Ridi.i, ^ ^ . ' ,, -^ ,. 1 o- J 
 
 de For. Id. 4. Or of some person able to grant a licence ; the offender 
 
 ' being in misericordia Regis. No cleric might offend con- 
 
 Assis.H.2,§9. cerning the King's hunting ; the foresters were enjoined 
 
 R. I, Wilk. -1 , .. . . , , 
 
 351. to take those who did so into custody. -^ 
 
 Assis. R. I, Offenders who hunted in the Forests were by the 
 
 law of Richard punishable by loss of their eyes and by 
 Wilk. 372, mutilation. But the supposed charter of John and that 
 
 Ch. For. § 10. 
 
 of Henry III. declared that none should lose life or limb 
 for the King's hunting, but that any one convicted of 
 
 Reg. Maj. 1 A passage in Skene's Code shows that its framers objected to the 
 
 dp.' lyT' carrying weapons more than to the mere act of hunting in the Forest. 
 Houard, Cust. Whoever shall follow his hounds, running at any beast from his own 
 vol^2 'p.°w. ^^^^ ^^^'^ *^^ King's Forest, he shall lay aside his bow and arrows ; or he 
 may bind the bow and arrows with the bowstring ; and if the hound 
 slays the beast, he with his hound and the beast shall pass away quit 
 and free, but {i.e. without) any challenge of the King or the lord of 
 the Forest. 
 Kar. Mag. " A law of Charlemagne declared that bishops, abbots, priests, 
 
 Capit. cxix. deacons, nor any other of the clergy, presume to keep hunting dogs, 
 Baliizius, I. or hawks, falcons, or sparrow hawks. 
 369- 
 
THE WILD DEER. 205 
 
 taking venison should be heavily fined if he had any 
 possessions, and if not, should be cast into prison for a 
 year and a day ; and should then find pledges or abjure 
 the realm. 
 
 The abjuration was made before the coroner in the BookofOaths, 
 following form : — " Master Crowner, heere you this ; > °- • 
 that I have offended our Soveraigne Lord the King in his 
 venison ; for which cause I abjure the realme of England, 
 and hereafter I shall never return into it againe without 
 the leave of our Soveraigne Lord the King. So God help 
 me and those holy Saints." 
 
 Something of the same indulgence which was given 
 by Canute's code to the great ecclesiastics, in respect of 
 the observance of the Forest laws, was extended by the 
 charters of John and of Henry IIL to Archbishops, M.Paris. 
 Bishops, Earls, and Barons ; who, while passing through 598(m.r!s.^,' 
 a Royal Forest as they came to the King at his command, ^' pg/'j „_ 
 and as they returned,* might take a beast or two by view 
 of a forester, if any were present ; otherwise they were to 
 sound a horn, lest it should seem to be done secretly. 
 This provision is also in Skene's Forest code, and was Reg. Maj. 
 probably brought into England from Normandy. In the Houard,'cout. 
 Forest of Arduenna (Ardenne) the liberty of hunting in voi.^2," p?s7i. 
 passing through the Forest was in force in the 9th cen- c^{^'"J^^^g,. 
 turv. but was not restricted to the occasions when the 111.43,0.32. 
 
 -' ' Baluzius, 
 
 nobles were on their way to or from the King. ■^oi- ^• 
 
 The sounding of a horn to give notice of the death 
 or capture of the deer was an ancient and general 
 
 ' See note at p. 71, supra. 
 
2o6 THE FOREST OF ESSEX. 
 
 custom. It was followed, according to an old ballad, by 
 Robin Hood. 
 
 A lytell geste 
 
 of Robyn " Robyn slewe a full grete harte, 
 
 ^°'^^- His home then 'gan he blow ; 
 
 That all the outlawes of that Forest 
 
 That home coud they knowe." 
 
 Art of Hunt- The Call known as the "prise"* or "prize" was, 
 
 according to Twici, that which was proper on the taking 
 of the hare or the buck ; and four " mortz" on the taking 
 
 Book 4, ch. 6. of a hart. But in Morte d' Arthur, when the King had 
 killed a hart, the author says, " Then King Arthur blew 
 the prise, and dight the hart." 
 
 It was also the duty of a person who killed a deer, 
 or found one dead in the Forest, to sound his horn, so 
 that it might be shown on the spot that he was not guilty 
 of a breach of the Forest law.^ This explains an entry 
 
 Duch.ofLanc. in the roll of the Essex Swainmote held at Buckhurst 
 
 Misc. Re- 
 cords, 9 H. 7. Hill in 1495, that "the kep fande a sowyr (soare) dede 
 
 in Chyngeforde hawe, the iiij day of Auguste ; and the 
 
 keper bleu for the wodewarde, and no mane wold 
 
 anseure." 
 
 Stat. App.^ Another duty was thrown upon the finder of a dead 
 
 Cotton MS. or wounded wild beast by the Assises of the Forest^ 
 
 ^^' ' ''■ supposed to be of the time of Edward II. An inquisition 
 
 ^ For remarks on hunting music, see notes to Dryden's Twici. 
 
 Lond. Gaz. " The lord of the manor of Minestead, in the New Forest, claimed 
 
 PP^^38S7-8. ^^ ^^^^ ^^^^ ^'^ woodward should have a stag yearly in summer, and 
 
 a hind yearly in winter, to be killed by him yearly in the same manor, 
 
 and to give notice thereof to the keeper of the Forest by a blast of 
 
 his horn. 
 
THE WILD DEER. 207 
 
 was to be made by four of the nearest vills in the 
 
 Forest/ arid was to be entered on the roll, and the finder 
 
 was to provide six pledges. The flesh of the deer was to 
 
 be sent to the nearest lepers' house, if by the testimony 
 
 of the verderers and the county there were any near ; if 
 
 there were no such house near, it was to be given to the 
 
 poor and infirm ; the head and skin to the freemen of the 
 
 next town, and the arrow, if any should be found, was to 
 
 be given to the verderer and entered in his verdict. 
 
 The manner in which these good intentions were Ed. s.Nekon, 
 
 . -^pp- 409- 
 
 construed by the Forest officers may be inferred from the 
 
 remark of Manwood or his editor, that this ordinance 
 
 must be intended of such deer which are not sweet or fit 
 
 to be eaten by the better sort of people ; for if a principal 
 
 beast is found newly killed, 'tis not intended by this 
 
 statute that it should be given to an hospital ; and if such 
 
 beast is dead it is the King's deer; for so it was when 
 
 alive, and the property is not altered by the killing ; and 
 
 in such case the Chief Justice may dispose of it at his 
 
 pleasure. 
 
 From which we may infer, that epicures had not 
 
 then discovered the virtues of high venison. 
 
 During the troublous reign of Richard II. hunting 
 was used, as it has been at other times, as a cover for poli- c. 13. 
 tical meetings. A statute of 13 Rich. II. sets forth that 
 " divers artificers, labourers, servants, and grooms, keep 
 greyhounds and other dogs, and on the feast days, when 
 
 ' In Skene's version the inquisition was to be made at the next Reg. Maj. 
 Court ; and the arrow is given to the Justitiar. 
 
2o8 THE FOREST OF ESSEX. 
 
 good Christians are at church hearing Divine Service, 
 go hunting in parks, warrens, and conyngers (rabbit 
 warrens) of lords and others, to the very great de- 
 struction of the game, and at times (a la foitz), under 
 such colour, make their assemblies, conferences, and 
 conspiracies to rise and disobey their allegiance;" and 
 then ordains that no artificer, labourer, or other layman, 
 who has not lands and tenements to the value of 405-. 
 per annum, nor any priest or other clerk if he be not 
 advanced to the value of 10/. by the year, shall have or 
 keep henceforth any greyhound, hound, nor other dog 
 to hunt ; nor shall they use fyrets, hays, nets, harepipes, 
 nor cords, nor other engines^ for to take or destroy deer, 
 hares, nor conies, nor other gentlemen's game, upon 
 pain of one year's imprisonment. It was under this 
 Swainmote, Act, that in 1 594 z. presentment was made against 
 several purlieu men for killing " one red deer, being a 
 herst, upon the 24th day of June being Sondaye in the 
 morninge about xi of the clock in the same morninge in 
 the service tyme, at Wield side plaine, being purliews 
 belonging to the fforest of Waltham." 
 
 Hunting by night, both within and without the 
 
 Forest, wherever the King's beasts frequented, or had 
 
 or had been wont to have peace, was forbidden by the 
 
 5 16. Assise of Woodstock, under pain of a year' s imprisonment, 
 
 and fine and ransom at the King's will. Many com- 
 
 Capituia ex- plaints wcre made of this offence, which, together with 
 
 Lragow5^ the practice of hunting with the face hidden, or covered 
 
 ch. V. Car. 
 
 Mag.A.D.801. 1 That no one presume to lay snares in the demesnes, forest, or 
 Baluzius, I. .1 T) 1 1 
 
 n.a. a-ny other Royal place. 
 
THE WILD DEER. zcg 
 
 with hood or visor, or painted or disgTiised "to the 
 intent he would not be known," was also forbidden in 
 the time of Henry VII. " h. 7, c. 7. 
 
 Turberville, the author of the "Noble Art of 1611. 
 Venerie," seems to have taken particular pleasure in 
 hunting by night, and to have feared that too much 
 confession would not be good for his soul. He says, 
 " There is more art to be used than in any course els. 
 But because I have promised my betters to be a friend 
 to al Parkes, Forests, and Chaces, therefore I will not 
 here expresse the experience which hath been dearer 
 unto me particularly, than it is meet to be published 
 generally." 
 
 There is an entry on this subject in the Essex rolls Treas.ofRect. 
 at the Court of 1292, to the effect that Sir John de Essex, No.' z, 
 Tracy, Knt., and others, one being the Steward of 
 Sir Richard de Tany, came into the Forest of Wyntre 
 at night, on Sunday next after the Exaltation of the 
 Holy Cross (14th September) in 13 Edward I., with 
 bows, arrows, nets, and mastiffs, and hunted through the 
 whole night, and stretched their nets, and took wild 
 animals ; and thence returned to the house of John de 
 Tracy with the venison and their malefeasance. And 
 Richard de Tany knew of the wrongdoing of his afore- 
 said servants. 
 
 There are many other examples of the offence of Treas.ofRect. 
 
 Misc. For, 
 
 unlawful pursuit of the deer, both by day and night. In RoIIs, b. 153, 
 1333 the Earl of Chester, with certain of his household; ° ^ ' 
 Master John de Eversdon, Dean of St. Paul's ; John de 
 RoUesbury, groom of the same Master John, and others 
 p. p 
 
2IO 
 
 THE FOREST OF ESSEX. 
 
 Swainmote, 
 36 Eliz. 
 Bodl. Lib. 
 
 of his household; and Richard the Chaplain, lately 
 dwelling with Thomas de Haselyntine, Rector of the 
 Church of Theydon Boyes, are accused of hunting- in the 
 Forest with their dogs and harriers after stags and hinds, 
 and chasing the same from their haunts; and in 1495, 
 Duch.ofLanc. Edmonde Coyre, the King's footman, and Gylbert 
 gH.V, ' Lambert, groom of the King's chamber, several hus- 
 bandmen and a servant, William Brekyll a merchant of 
 London, and another Londoner, killed deer without 
 warrant; but "a buke scleyn for the meir of London," 
 and another slain by Bolday, one of the clerkes of the 
 Chauncery, were both killed by warrant. 
 
 In the 1 6th century the poachers were very numerous 
 and bold. In 1594 a father and son named Dimsdale, 
 and one John French, all of Woodford, were great 
 offenders. One or both of the Dimsdales stood up at 
 night with a crossbow, at a corner in the Forest, while 
 French " fetched the wanlace," that is, drove the deer 
 towards his companions. On one occasion the three went 
 to Chigwell hills, where William Dimsdale (the father) 
 " killed a hynde at stalke." 
 
 Sometimes the poachers and the keepers came to 
 blows. On a night in 1593, when John Porter and 
 others, of Kelvedon, were coursing deer in the Forest, 
 " the keeper's man coming in unto them did chardge 
 them in God his name and the Queen's to stand;* then 
 the said John Porter did alight of his horse, and main- 
 teininge his mastief upon the keap's man, w*^ a bill 
 did very sore hurt him." On another occasion, it is 
 
 Id. 
 
 Id. 
 
 ' " You are to bid any man stand in the Prince's ndime."— Dogberry's 
 Charge. 
 
THE WILD DEER. 2II 
 
 recorded that at CoUyers Row, a doe was killed in the 
 night, " by four or five of Mr. Anthonie Cook's house, 
 whose names be unknowne, w"^ did sett upon some of 
 the keep's men, and wounded them very sore." 
 
 Another dangerous practice of the deer-stealers was 3 w. & m. 
 
 ... J c- 10(1692), 
 
 attempted to be stopped by a statute of William and 
 Mary : speaking of them as lewd, sturdy, and disorderly 
 persons, who confederate together in great numbers, 
 making among themselves as it were a brotherhood 
 and fraternity, whereby, if any of them should be dis- 
 covered and convicted, which seldom happens, because of 
 their great force and clandestine manner of combination, 
 they, by a common contribution, pay for the persons 
 apprehended the pecuniary penalties ; the Act goes on 
 to impose fines for illegal hunting, and imprisonment 
 and the pillory in case of non-payment ; and gives power 
 to search the houses of suspected persons, who are made 
 liable to the same penalties if found in possession of 
 venison, the skin of a deer, or " toyls," of which they 
 could not give a satisfactory account. 
 
 But the Act failed to stop these combinations ; and 
 in the reign of George I., the Black Act was passed in 9 Geo. i, 
 order to check deer-stealing and other crimes. Under 
 it many deer-stealers, who, from their habit of blacking 
 their faces by way of disguise, are called "Blacks" in 
 the statute, were convicted and suffered death.^ 
 
 ' The " Waltham blacks" took their name from Waltham Chase, in 
 Hampshire. An account of the confessions and executions of seven of 
 them, by a person who professed to have met them by accident at an 
 alehouse in the chase, is to be found in the " History of Famous High- 
 
 P 2 
 
2 1 2 THE FOREST OF ESSEX. 
 
 See 31 H. 8, Many other Acts for the prevention of deer- stealing 
 
 Z2id. c. II; were passed both before and after the Black Act, but the 
 
 5 Ehz. c. 21; ^ 
 
 2 jas. I, c, 27, number of them shows how difficult it was to stop the 
 
 s. 3; 
 
 3 id. c. 13 ; offence. 
 
 13 Car. 2, c. ro, . , . , 
 
 down to 24 & As regards the Court of Attachments, such little 
 
 25 Vict. c. 96. 
 
 ' power of dealing with the deer-stealers as remained to it 
 
 after the discontinuance of the Court of Justice Seat, 
 
 See Attach- became obsolete ; but the verderers occasionally ordered 
 
 ment Rolls, -' 
 
 Sept. and Oct. prosccutions under the Act of William and Mary, though 
 1720; Aug. with very little effect. 
 
 1759; June, -' 
 
 1813. 
 
 As to the weapons and other devices which were 
 used for the destruction of the game, the first complaint 
 of the unlawful use of bows and arrows in the Forest, 
 which was forbidden by the law of Richard I., occurs at 
 the Court held in 1292. The misdoers were Richard de 
 Treas.ofRect. Biykyndon of Wantham(Walthara), Reginald "who was 
 RoUs, Essex, then porter of the Abbey of Wantham, and hath now a 
 certain livery at the priory of Hurle, in the county of 
 Berks"; Thomas le Rous of Loketon (Loughton) and 
 Sir Thomas de Ardern, knight, with others then dead. 
 They came into the Forest with bows and arrows and 
 harriers, on Sunday next after the Feast of the Apostles 
 Philip and James, in the fifth year of King Edward 
 (1277), and took five deer and carried away the venison ; 
 
 ■waymen," by Captain Charles Johnson, p. 356, ed. 1814. They are also 
 mentioned in White's Selborne, Letter VII. 
 Rep. of Select There were also " blacks " in the Essex Forest down to a late 
 186^'Evf-^ °^ period— persons (said Colonel Palmer, the last survivor of the old 
 dence, p. 25. verderers) who lived on the Forest ; who lived entirely by deer-steal- 
 ing ; very desperate characters. 
 
 No. 2. 
 
THE WILD DEER. 213 
 
 that is to say, part to the gate of the Abbey of Wantham, 
 which the aforesaid Reginald the porter received ; and 
 the men, being asked if the Abbot of Wantham, or the 
 Canons of the same house, were the receivers or knew 
 anything thereof, say they did not : * and another part of 
 the venison was carried to London, where is unknown. 
 
 Then the prior of Hurle was commanded to cause 
 Reginald to come on the morrow of St. Martin ; and 
 Richard and Thomas came, and were adjudged to prison. 
 Afterwards came Reginald the porter, and he, and 
 Richard de Brykyndon, and Thomas le Rous, each made 
 fine ; the first one mark, the others 205. And Thomas 
 de Ardern was pardoned for the King's soul because he 
 was poor. Robert West of Chigwell was sent to prison 
 at the same Court for receiving stolen venison. 
 
 In the same year it was found, at the Regard of Treas.ofRect. 
 
 . . , / , For. RoUs, 
 
 Colchester, that Richard Bishop of London had dogs Essex, No. 2, 
 
 20 Ed. I. 
 
 and harriers coursing in the Forest, and had taken hare, 
 
 fox, and wild cat, at his time of coming to his manors in 
 
 Essex ; and the huntsmen and others who followed his 
 
 dogs, carried bows and arrows in the Forest against the 
 
 assise of the Forest. And he and his huntsmen were 
 
 ordered no longer so to do. The coursing appears to 
 
 have been warranted; for Stephen the Bishop's successor, 
 
 and the Dean and Chapter of St. Paul's, claimed in Exch.Treas. 
 
 1324 a right for the Bishop, when he should pass through For. lyEd.'z, 
 
 the King's Forest, to take of the King's wild beasts, yet ^' 
 
 in moderation and without waste. But the carrying of 
 
 bows and arrows in the Forest by the Bishop's men, and 
 
 ^ But it looks very much as if they had attempted to move Reginald 
 the porter out of the jurisdiction of the Court. 
 
2 1 4 THE FOREST OF ESSEX. 
 
 by those of the Abbot of Waltham, who were also pre- 
 sented, was in breach of the Forest law of Richard I. 
 The dwellers in the Forest, however, sometimes had 
 Treas.ofRect. licences to keep such weapons. Ralph de Hoodenk and 
 Essex, No.' 2, his hcirs had a grant by Richard I. of liberty to have 
 Charter Rou. bows and arrows in their halls, for defending themselves 
 Exch. Treas. against their enemics. And in 1323 Thomas of Hun ter- 
 ror. 17 Ed.' 2, combe showed a charter to the like effect. 
 
 m. 54. 
 
 Hari.Mss. xhe grand jury were directed at the Justice Seat to 
 
 inquire whether the foresters were careful that men went 
 not in the Forest with bows bent, or had any bows, guns, 
 shafts or buck-stalls, or any manner of engines to catch 
 or kill the deer withal ; and who had been the setters or 
 receivers of them. And many presentments are found 
 on the rolls, of the use of bows and arrows, crossbows or 
 arbalests, and firearms. 
 
 For. ofWai- The crossbow was long the favourite weapon, and 
 
 tham Swam- ^ '■ 
 
 mote, 36 Eiiz. no less than twenty-five entries of its use occur at the 
 
 Bodl. Lib, ■' 
 
 Court of 1594, as against six of the use of the longbow. 
 
 Some time after the introduction of firearms, there are, 
 
 in 1630, four presentments for keeping or using crossbows, 
 wakham^'^"'^' "^ complaint of keeping arbalest arrows was made at 
 icTcar^i the Court held in 1634, 3-nd I have found no later refer- 
 Pres. Ko. 27. ence in the records either to long or crossbows, or to 
 
 arrows, in Waltham Forest. 
 For. of mi- The first mention of the gun is at the Sv/ainmote of 
 
 thain, 36 Eliz. ° 
 
 Lodi. Lib. loth June, 1594, when it was presented that Richard 
 Mufifett, servant to Edward Eldrington of Theydon Boys, 
 shott at a buck with a gun at Baker's Brook " the xxiij 
 day of Julye in the xxxiij yeare of Her Ma*^^' raygne;" 
 
THE WILD DEER. 215 
 
 and this is almost immediately followed by a presentment 
 for using a " muskett " in the previous year. There are 
 two other entries at this Court relating to the gun, and 
 one to the petronel ; and subsequent complaints of the 
 use of both are very numerous. 
 
 They commonly end with a statement that the 
 weapon is "noe muskett or such as is used for defence 
 of the realm," an allusion to the " Act concerning Cros- 33 h. 8, c. vi. 
 bowes and handgunnes," which excepted guns fit for 
 the above purpose from the prohibition against the use 
 of handguns. 
 
 In August, 1750, the rifle is mentioned in the 
 Attachment Rolls, under the name of a screw barrel 
 gun ; and there are a few subsequent entries relating to 
 its use. 
 
 Besides chasing the deer with hounds, and killing 
 them with arrows, crossbow bolts, and firearms, various 
 unlawful means of destruction were used ; and notably by 
 that numerous class who infested the Forest, and who 
 are variously described in the presentments as common 
 hunters by night and day, and as common loggers and 
 poachers. 
 
 These people had many devices for killing the deer. "^^ p™c- 
 They used "engines called wyers;" engines made of '4 Sept. 1630, 
 ropes : withes ; deer hays : buckstalls ;* and tramel and "• 
 
 . . Swainmote, 
 
 other nets, one of which is described as a "thief net" 1631, Pre- 
 sentment 7. 
 
 * There is a story in Farmer's History of Waltham Abbey of the P. 77. 
 capture in a buckstall, by Sir H. Colt of Netherhall, for the amuse- 
 ment of Henry VIII., of a party of the monks of the Abbey on their 
 return from a stolen visit by night to the nunnery at Cheshunt. 
 
2 1 6 THE FOREST OF ESSEX. 
 
 Swainmote, baited With bottles, flowers, looking-glasses, &c. ; an ap- 
 Presentments paratus designed to practise upon the curiosity oi the 
 Attachment deer, and which brings to mind the quaint habits of the 
 
 Roll, 28 July, . . . 
 
 1753- Australian bower bird. 
 
 fo'Ehz^Bodi. One man was presented for pitching halters about a 
 
 ^'''- grove ; another for " hanging a lyne in a creepe-hole to 
 
 ketch a deer;" another for killing a sorel with a cross- 
 bow in the night out of Thomas Little his house through 
 a loopehole kept open for the same purpose ; and another 
 for killing a deer with a bow by means of a " stawking 
 
 19H. 7, c.ii. horse ;" stalking either with bush or beasts without 
 licence being forbidden by statute. 
 
 Of course these operations were for the most part 
 carried on in secrecy, and by night ; or, as we are told in 
 
 Swainmote, one case, "between the dog and the wolf," that is, by 
 
 Ch. For. Proc. ' o 
 
 waitham, twilight. But in 1594, when poaching was very preva- 
 
 10 Car. i. lent, James Atkin, of Chigwell, went about it in a very 
 
 seEH^Bodi. deliberate manner. He employed one Powell, a butcher, 
 
 ' ■ to kill a deer with a crossbow from the back of Atkin' s 
 
 own house. "And when," says the record, "the sayd 
 
 Powell had doon this fact, he acquainted the sayd James 
 
 Atkyn therew*'', who sent two of his servants for the same ; 
 
 .... whoe conveyed the Buck to the said Mr. Atkin' s 
 
 house, and brake it upp in his kitchen ; and Mr. Atkin 
 
 had the same, and bestowed the one half thereof upon 
 
 his brother, Thomas Atkin ; the other he baked and spent 
 
 in his own house : the crossbowe and the furniture was 
 
 the said James Atkin's." It does not appear what the 
 
 butcher had for his work. 
 
 The owners of inclosed parks in the Forest also 
 
THE WILD DEER. 217 
 
 made salteries, or deer-leaps ; contrivances by which the 
 deer could easily leap into the park over a fence of 
 moderate height, but were prevented from returning by 
 a steep upward slope, and sometimes a ditch, inside the 
 park wall or fence. Four deer- leaps in the pale of Wan- 
 stead park, three being against Leyton walk, and the 
 fourth against that of West Hainault, were presented at ch. For. Proc 
 the Court of 21st September, 1630; and the making of 
 such leaps was the subject of one of the inquiries with \ 36- 
 which the grand jury was charged at the Justice Seat. 6839, f. 261. 
 
 The deer were also thinned by murrain and weakened 
 by cold. In 1489 a great destruction from murrain and Duch.ofLanc. 
 other causes is recorded: ^^ Item ther is devored w swyn, 
 and slayn w' curres, and smeten w* arrowes, and dede of 
 murreyn, in the baylewyke of Stratford 86; Ongre 72; 
 Ilford 88; Waltham 70;" and in September, 1495, there id. 
 are several presentments of the finding both of red and 
 fallow deer " dede of murreyn." 
 
 On such an occasion in 161 5, a proclamation was state Papers, 
 issued from Theobalds by James I.: "For that great 16 Sept. 1615. 
 numbers of Deere both Red and Fallow have been 
 destroyed by the last great Frost and Snow, and those 
 that remaine and have escaped the hardnesse of the 
 weather have beene so weakened and surfeited by the 
 extremetie of the colde, so as they will hardly hold out 
 this next Winter," the taking of pawnage, and the sur- 
 charge or other wronging of the grounds which might 
 scant them of their feed, was forbidden. The remedy 
 seems to have been effectual, for only three or four years Exch. BiUs 
 later. Sir Bernard Whetstone in answer to the suit jas.i,N^265. 
 
2 1 8 THE FOREST OF ESSEX. 
 
 brought against him by the Attorney-General, in which 
 it was alleged that the defendant had done illegal acts 
 to the exile and driving away of the King's game of 
 deer out of his lands, declared that by his care of the 
 King's deer in his manor and lands of Woodford, the 
 red and fallow, deer had so greatly increased, that he and 
 his tenants were forced to give over ploughing and 
 sowing their arable land, of which the greatest part of 
 the demesnes of his manor consisted. 
 
 Duke of When the M'Leods of Skye had lost a great number 
 
 Ecraoi^c ^^ °^ \he\T men in the civil wars, and at Worcester, it was 
 
 thTiif r.°^ agreed by the general consent of the Northern clans, that 
 
 c"^'r*v *^^y should have a respite from war until their numbers 
 
 1883, p. 187. should increase. In like manner, when the deer in the 
 
 Royal Forests became so reduced in number as to 
 
 endanger the prospects of future sport, it was the custom 
 
 to put a temporary stop to their destruction. 
 
 st.Pap.Dom. Thus in July, 1643, the Earl of Holland, Chief 
 
 vol. 384. Justice of the Forests, ordered a general restraint and 
 
 sparing of the deer in Waltham Forest for three years, 
 
 except by warrant under his hand; by reason of the 
 
 great slaughter and destruction late made of the deer in 
 
 the Forest by unruly persons, who take the liberty to kill 
 
 and dispose of them at their pleasure. 
 
 Exch. Treas. About 1 668, a further restraint on the killing of 
 
 For. Essex,^*^' deer in the Forest was ordered; and in 1670, Sir 
 
 22'car. 2. William Hicks the Lieutenant was fined 50/. for not 
 
 making it appear that he had published this warrant to 
 
 the keepers, whereby deer had been killed, particularly 
 
 for himself. 
 
THE WILD DEER. 
 
 219 
 
 Again, in April and November, 1722, there were Attachment 
 
 7 -r-,, ,.'^ Roll, 26 April 
 
 general restraints of the deer and game m the Forest, and 13 Nov. 
 
 1722 
 
 the first by Lord Tankerville for three, and the second by- 
 Lord Cornwallis for two years. And the like was done ffjif ^°^' 
 for one year in 1731; for one year in 1744, by reason '^'^- '3 Aug. 
 of the depredations of deer-stealers ; for three years in 
 1748 in the walks of Wanstead, Woodford, Waltham- f?;J.^^''" 
 stow, Chingford, New Lodge, Epping, and Loughton; 
 and for one year as to fallow deer in 1770. Besides 1770. "^' 
 that on several occasions, orders were made to kill the 
 deer during certain periods without hunting them. 
 
 The early entries relating to either kind of deer in 
 particular are few ; but the following comparative table 
 of presentments of deer killed or injured, made at the 
 Swainmotes of 1495, 1594, and 1630, shows that from 
 the 15th century the fallow deer was far the most 
 common in the Forest. 
 
 Red deer : 
 
 Hind Calf 
 Brocket . . 
 Staggard . . 
 
 Stag 
 
 Hart 
 
 Hind .... 
 
 Fallow deer: 
 
 Fawn . . . . 
 Pricket .... 
 
 Teg 
 
 Sorel 
 
 Sore 
 
 Buck 
 
 Great Buck 
 Doe 
 
 1495 
 
 1S94 
 
 1630 
 
 
 2 
 
 S 
 
 I 
 
 I 
 I 
 
 
 .... 
 
 5 
 
 4 
 
 S 
 
 I 
 
 
 I 
 
 5 
 
 2 
 
 8 
 
 21 
 
 9 
 
 2 
 
 4 
 
 2 
 
 3 
 
 4 
 
 
 4 
 
 6 
 
 I 
 
 3 
 
 6 
 
 3 
 
 II 
 
 20 
 2 
 
 4 
 
 9 
 
 11 
 
 3 
 
220 
 
 THE FOREST OF ESSEX. 
 
 For. Rolls, 
 Lansdowne, 
 R. Charters, 
 20. 
 
 Buxton, 
 Epping 
 Forest, p. 79. 
 
 Keepers' Re- 
 turns, Office of 
 W. and F. 
 
 In 1589-90 a record of the deer killed and found 
 dead, shows a still greater preponderance in the numbers 
 of the fallow deer. The presentments at the Courts of 
 Attachments in the 1 8th century cannot be trusted as 
 evidence either of the actual number, or of the relative 
 proportions of the two kinds of deer in the Forest. Ac- 
 cording to them, the fallow deer, between 17 13 and 1720, 
 exceeded the red in the proportion of about six to one, 
 which may be nearly correct. But the proportions of 
 three to two between 1720 and 1746, and something 
 very near equality between 1747 and 1761, cannot be so, 
 unless the fallow deer during those intervals had been 
 very much reduced. The keepers were probably negli- 
 gent in ascertaining the numbers. 
 
 After the latter date the presentments at the Courts 
 relating to the deer almost entirely ceased. The remain- 
 ing red deer were sent to Windsor about twenty years 
 after the beginning of the present century, but some have 
 lately been restored to the Forest. The keepers' returns 
 of fallow deer show that in 1792 there were thirty-four 
 brace of bucks in the Forest, fit to serve for warrants ; 
 and a series of returns to the office of Woods and Forests 
 show how the fallow deer gradually decreased, and at last 
 almost became extinct in the present century. There 
 were about 212 male and female deer in the Forest in 
 1846, and 209 in 1847 and 1848. In 1849 there were 
 223 ; but only 9 fit for the Queen's service, for which in 
 1850 no bucks were available. In 1855, after the dis- 
 afforestation of Hainault, there were 86 deer in Epping 
 Forest, of which 6 were bucks and 3 1 does, the rest being 
 immature. In June, 1856, there were 75 in all, including 
 
THE WILD DEER. 221 
 
 5 bucks and 27 does. In 1857 there were 57, of which 
 3 were bucks and 19 does; 48, of which 2 were bucks and 
 20 does, in 1858 ; 32, of which 2 were bucks and 13 does, 
 in 1859 ; and in 1870 only 5 to 6 brace of deer and but 
 I buck. They were, therefore, nearly extinct when the 
 litigation began in 1871. 
 
 The times fixed by the Forest laws for hunting were coke, 4th 
 
 r ,, Iiist. ; Man- 
 as lOliOWS : wood; Strutt. 
 
 The hart and the buck were hunted from the feast 
 of St. John the Baptist (6th July) to Holyrood day (25th 
 September). The hind and the doe from Holyrood to 
 Candlemas (14th February). And it was on account 
 of this difference in their seasons that the latter were 
 reckoned as beasts of the forest separately from the 
 former. 
 
 The fox was hunted from Christmas to Lady- day, 
 the hare from Michaelmas to Midsummer, and the boar 
 from Christmas to Candlemas. 
 
 The time when each kind was in season was called stmtt, ch. i. 
 
 Manwood. 
 
 its "grease time," and so a hart killed at this season 
 came to be called a hart of grease. The phrase is as 
 old as the time of Richard II., who granted to Nicholas Pat. roU, 
 
 2 R.. 2 pt. 2 
 
 Morice, the Abbot of Waltham, three bucks, "tempore m. I's.' 
 seisone de grees" (Fr. : graisse). At the Swainmote oi^-J^^^°'^' 
 1634 it was "presented and convicted" that John ^°^'^'J°'j 
 Noades, Forester of Lucton walk, within the Forest at 
 "grease time," in the summer last past, in the coverts 
 and lawne of the walk aforesaid, at three several times 
 carried with him one weapon, in English a gunn, and for 
 this and another offence he was fined io.y. 
 
THE FOREST OF ESSEX. 
 
 §5 xxxi. — 
 xxxiv. 
 
 Assisa H. 
 Reg. 2, de 
 For. § 2. 
 Assis.R. I. 
 Wilkins, 351. 
 Assis. F. R.I, 
 § xiv. 
 
 Hoved.Chr.4. 
 65 (M. R. 
 Ser.). 
 
 Willdiis, 352. 
 Cotton MS. 
 Vesp. B. 7, 
 fo. 92b. 
 
 Harl. MS. 
 6839, f. 261. 
 
 By the law of Canute no lesser thane [mediocris) 
 might keep greyhounds ; but the higher class of officers 
 might do so if the dogs were lawed in the presence of 
 the chief officer of the Forest ; or without lawing at a 
 distance of ten miles from the Forest ; one shilling being 
 payable for every mile less than that distance, and ten 
 shillings within the Forest. The dogs called velteres 
 or langeran and ramhundt might be kept without lawing. 
 If mad dogs were found wandering in the Forest by the 
 neglect of their owner, he was mulcted in 200 shillings, 
 which was the value of a mediocris. If a mad dog bit a 
 wild animal, the fine was 1,200 shillings, being the value 
 of a freeman ; but if a Royal beast were bitten the offence 
 was of the highest class. 
 
 By the Forest laws of Henry II. and Richard I. it 
 was forbidden to have dogs or greyhounds (leporarios) in 
 the Forests unless by the authority of the King or other 
 person able to warrant it; he who was convicted of 
 leading dogs through the Forest without a leash was in 
 the King's mercy. And by another Forest law, if a 
 greyhound were found running to the hurt of the Forest, 
 the Chief Forester was to retain it in the presence of the 
 verderers, and to send it to the King or the Chief Justice 
 of the Forest. The using and keeping of dogs by the 
 inhabitants and others in the Forest, was the subject of 
 several of the inquiries which were directed to be made 
 by the grand jury at the Justice Seat. 
 
 The dogs most used for taking deer in Waltham 
 Forest, are described as greyhounds and harriers ; the 
 records often speak of mastiffs, braches or brackets, 
 stuckle dogs, curs and mongrels ; but I have found no 
 
THE HOUNDS. 223 
 
 mention of the dog used to start the game which was 
 called by Twici "lymer," and by Caius " leuiner," or 
 " lyemmer,' ' from the collar or thong by which he was held. EngUshe 
 
 . . , . o J Dogges, p. II. 
 
 Cams says he is in smelling singular, and in swiftenesse 
 incomparable ; and that he taketh the prey " with a ioUy 
 quicknes." 
 
 Greyhounds and brackets are mentioned in connec- close RoU, 
 
 • 1 1 T-' /- T- • • ,- 12 H. 3, 1228. 
 
 tion with the Jborest of Essex in a proclamation of 
 
 Henry III. ; and the former are also mentioned in the Duch.ofLanc. 
 
 Misc. Rec. 
 
 record of the Pleas of the Forest held in 1489 ; in 1594, For. of wai- 
 
 tham, 4 H. 7. 
 
 there were twenty presentments about them at the For. of wai- 
 
 . tham, 36 Eliz. 
 
 Swainmote. Bodi. Lib. 
 
 There appears to be some confusion in the records 
 between the greyhound' and the harrier, which from the 
 13th century is also often mentioned. The breed of dog of English 
 
 , , . Dogges, p. 3 
 
 now called the harrier, was well known in the i6th (1576). 
 century; for, says Dr. Caius, "Wee may kn owe these 
 kinde of Dogges by their long, large, and bagging lippes, 
 by their hanging eares reachyng downe both sydes of 
 their chappes, and by the indifferent and measurable 
 proportion of their making." Yet at the Iter of Sep- ^•^°'^' 
 tember, 1630, Thomas Courtman of Loughton was fined ^Car. i. 
 £2s 6.?. 8(2^. for keeping within the Forest one harrier 
 
 ■ If this is the dog which Lord Lytton calls the "grehound," he Harold, bk. 4, 
 says it was so called from hunting the gre or badger. " Grey," some- "^ ' ^' 
 times written " gre," is a name of the badger; but that a dog which 
 hunts by sight, and is bred for speed, should have been used to hunt 
 a rather heavy crepuscular, and nocturnal animal, which sleeps in a 
 hole during the day, passes belief. A badger was probably a " grey " 
 because of its colour (Anglo-Saxon : grseg) ; we still say " grey as a 
 badger." The greyhound may also have had its name from the colour 
 of the ancient breed. 
 
224 THE FOREST OF ESSEX. 
 
 called a greyhound, with which he killed a sorell ; and at 
 the same Iter two other persons were fined for keeping 
 in the Forest two harrier dogs, "in English a brace of 
 greyhounds," and for hunting by night in the Forest. 
 
 The old greyhound was probably a larger and more 
 powerful dog than that which now bears the name, and 
 was more like the present deerhound. In the time of 
 Dr. Caius, the name seems to have been applied to 
 
 P- 10- several breeds. He calls it " a spare and bare kind of 
 
 dogge (of fleshe but not of bone) ; some are of a greater 
 sorte, and some of a lesser : some are smooth skynned, 
 and some are curled : the bigger therefore are appoynted 
 to hunt the bigger beasts, and the smaller serve to hunt 
 the smaller accordingly." 
 
 Brache, Bracket, or Rache, was a general term for 
 a hound which hunts by scent. The hounds which 
 Richard I. sent as a present to Saladin, consisted of 
 greyhounds (leporarios) and brackets (braschetos) ; and 
 
 Benedict of the chronicler who records the gift, adds that the latter 
 
 Peterborough, . x i-i i i 
 
 A.D. 1 191. were odort seguentes. In hke manner we have seen these 
 two classes of hunting dogs constantly coupled together, 
 in the mandates of the early Kings to their subjects to 
 take care of their huntsmen and hounds, and in the 
 licences which they granted to hunt in the Forests. The 
 same thing is found in the apocryphal- but ancient charter, 
 alleged to have been made by Edward the Confessor to 
 Randolph Peperking. 
 
 Suipra, p. 6. " Four greyhounds and vj Raches, 
 
 For hare and fox and wild Cattes." 
 
 The word bracket was, however, sometimes specially 
 
THE HOUNDS. 225 
 
 applied to the dogs used as pets by ladies. In Morte 
 
 d' Arthur, we read not only of brackets, both black and 
 
 white, in the sense of ordinary hunting dogs, but also of 
 
 the little bracket given by Sir Tristram to La Beale Isoud, Book ix. ch. 
 
 which "was sent from the King's daughter of France 
 
 unto Sir Tristram, for great love." It is used in the 
 
 same sense in King Lear. And in both senses by Sir Act i, sc. 4. 
 
 Henry Taylor in Philip van Artevelde. pt. 2, Act 2, 
 
 sc. 3. 
 
 " Down lay in a nook my lady's brach, 
 And said, ' My feet are sore ; 
 I cannot follow with the pack, 
 A-hunting of the boar.'" 
 
 The Mastiff, probably nearly the same as the mastiff 
 of the present day, is often mentioned at the Swain- 
 mote of 1594 and afterwards; but I cannot identify the 
 "Stuckle dogg" or the "Stonhill dogge" which appear 
 ■ in the records of the Iter of 1630. Presentments for 
 keeping mongrels and curs are very numerous through- 
 out the rolls. Two other breeds of dogs are mentioned 
 in Canute's Forest laws, viz., sheep dogs, and others §xxxii. 
 called in Latin "velteres," In Anglo-Saxon "langeran." 
 Veltrarius or Vautrarius (Fr. : vautre) according to Tenures, 233. 
 Blount was a mongrel hound used for the chace of the 
 wild boar;^ a kindred German word "Welters" sig- 
 nifies a greyhound. Lye translates lang-legera, canis 
 
 .' One of the laws in the Capitularies of the reign of Dagobert I. Capit. Reg. 
 
 A.D. 630, is " De canibus veltricibus." The Franks at this time had ^'■?°'=- ^^^ 
 
 •' Bajuvar. 
 
 many breeds of dogs. 1 he same laws mention seven others, by the Tit. xix. 
 
 names (probably corrupt) of leitihunt, triphunt, spurihunt, bibarhunt, 
 
 hapihuhunt, suvarzuvild (this kind was used for bears and wild oxen), 
 
 and hovauvarth ; which last was for protecting its master's curtilage. 
 
226 
 
 THE FOREST OF ESSEX. 
 
 § xxxii. 
 
 § Ixxxi. 
 2 Thorpe's 
 Anct. Laws, 
 544, note i. 
 
 leporarius. Langeran is doubtless a corruption of Lan- 
 legeran, which is used in the 13th century version of 
 Canute's secular laws as synonymous with vealtris. It 
 certainly was not the "greihund" of Canute's Forest 
 laws, as it might be kept in the Forest without being 
 lawed ; nor of his secular lav/s, if the curious pas- 
 sage in the 13th century version of them, by which a 
 scale of fines is fixed for the destruction of the different 
 kinds of dogs, is genuine. It is there distinguished 
 from the greyhound, and a higher value is set upon it.' 
 
 xvii. de Plac. 
 For. Thorpe's 
 Anc. Laws, i. 
 527- 
 
 The mutilation of the dogs of those who lived in 
 the Forests to prevent them from chasing the game, 
 commonly knov/n as the lawing of dogs, was a very 
 ancient practice. In the law of Canute it is called genui- 
 scissio, which was probably much the same as the process 
 afterwards known as hamling or hoxing, i. e. hocksinewing. 
 
 But in the time of Edward the Confessor, if the 
 collection of his laws made in the time of Henry I. may 
 be trusted, the cutting off of the claws called expeditation 
 was in use, and this was also directed by the Forest law 
 Ass.ofWcod- of Henry II. to be done to mastiffs wherever the King's 
 wild beasts had or had been used to be protected.^ 
 
 ' The fines are — for a dog which keeps its lord's sheepfold and 
 drives off the wolf, ds.; for a greihund which has not yet taken a 
 hare or other game, j^-od. ; but if it has been broken in, and has taken 
 game, iod.; for a mysterious dog "qui in pluvia sine alicujus cura 
 vigilat, quern Angli dicunt renhund," rid. ; and for the vealtris, called 
 by the English lanlegeran, los. 
 Baluzius, * I am not sure whether an obscure passage in the Capitularies of 
 
 I- 394, 9 3- Charlemagne, a.d. 803 (Capit. 3, ch. xviii.), and repeated in those 
 of Charlemagne and Louis the Debonnaire (ch. ccxxxvi.), " Decanibus 
 qui in dextro armo tonsi sunt," refers to any form of lawing. 
 
THE HOUNDS. 227 
 
 The expeditation according- to the assise used in charta 
 the time of Henry III., and then ordered to be followed, 
 consisted in the cutting off three claws from the forefoot 
 without the ball. "The mastive " (says Manwood) Forest laws. 
 " being brought to set one of his forefeet upon a piece 
 of wood eight inches thicke and a foot square, then one 
 with a mallet^ setting a chissell two inches broad upon 
 the three clawes of his forefoot, at one blow doth smite 
 them cleane off." 
 
 The regulations about the lawing of dogs, both 
 before and after the Conquest, appear to have been 
 properly applicable only to particular breeds. Under 
 Canute's law only greyhounds were subject to the genui- 
 scissio, it being declared that velteres or langeran, as 
 manifestly not dangerous, and sheep dogs, should be 
 free. Mastiffs, according to the opinion of Coke, were 4 inst. 30s. 
 the only dogs liable to expeditation by the laws after the 
 Conquest, because in the assises of Henry II. and Ass.ofWood- 
 Edward I. they are the only dogs which are directed to ass. et Cons". 
 be so treated. The Cambridge MS. also says that the 59.' 
 only dogs allowed in the Forest, are mastiffs for keeping fo. 17. 
 men's houses, which are to be expeditated ; and little And see 6 Ed, 
 dogs which are unable to hunt or disturb the deer. 
 It is said that Rufus' great stirrup was the gauge, in 
 the New Forest, by which the size of these little dogs 
 was measured. " All who could not pass through the 
 gauge," says Sir Francis Palgrave, "being subjected to History of 
 the painful mutilation which, even during the generations and England, 
 
 vol. 4, p. 185. 
 
 v/hen the duty of mercy to the beast was almost wholly 
 forgotten, excited commiseration and horror." In fact 
 the mutilation when done according to the Forest laws, 
 
 Q 2 
 
228 
 
 THE FOREST OF ESSEX. 
 
 History of 
 Normandy 
 and England, 
 vol. 4, p. 648 
 
 SO far as we know them, was no more painful than the 
 cutting or biting off parts of dogs' tails and ears, which 
 is practised by the present merciful generation; and 
 when we are further told of " the brach or hound being 
 dragged through the King's great stirrup," and of " the 
 live flesh being scooped from the foot of the writhing 
 animal," we may remember, that inasmuch as the dog 
 which passed through the stirrup would be free from the 
 law, neither the King nor his foresters would be likely 
 to defeat their own object by forcing him through it. 
 For the rest, we may consider that the eminent historian 
 was recording an isolated act of brutality ; or we may 
 mark with admiration how his power of word-painting 
 kept touch with his imagination : but we must not sup- 
 pose that the acts of which he speaks were directed or 
 justified by the Forest laws. 
 
 The officers of Waltham Forest did not confine 
 their presentments to mastiffs, but reported to the Courts 
 6 ca^°i' '^'^°'^' ^^^ kinds of unexpeditated dogs. Of 147 so presented 
 at the Regard of 1630, 9 were greyhounds, 41 mastiffs, 
 85 " mungrells," 3 " stucklecurrs," 3 hounds, and 6 
 spaniels. The jurors found in that year, that some of 
 the dogs in the Forest were lawed, but for the most part 
 they were not. 
 
 (Waltham), 
 No. 44. 
 
 Id. No. 153, 
 Justices' 
 Inquiries, 
 memb. 25. 
 
 Matt. Paris, 
 Ch. Maj. 599 
 (M. R. S.) ; 
 Wilk, 371; 
 Ch. For. § 6. 
 
 The inquiry or view, sometimes called a Court, for 
 the lawing of dogs, was directed by the laws of John and 
 Henry III. to be done at the time of the Regard, that is, 
 from three years to three years ; and then by the view 
 and testimony of lawful men, but only in places where it 
 
THE HOUNDS. 229 
 
 was wont to be done from the first coronation of Henry II. 
 He whose dog was then found unexpeditated was to pay 
 3^. The provision that no ox was thenceforth to be taken 
 for the lawing- of dogs, doubtless points to a mode of 
 oppression previously exercised by the Forest officers. 
 By the Customs and Assises of the Forest, if an ex- cottonMS. 
 peditated mastiff were found running upon a wild beast, ^^^^2 b.' ''' 
 the owner should be quit, but if the dog were not ex- 
 peditated the owner should be guilty, and was to find six 
 pledges. No mower might bring with him a great mastiff Ms'^Ruir" 
 by night to the banishment of the deer, but he might bring ^^'^^ ^' 
 little dogs expeditated' to watch outside the coverts. p- ^^• 
 
 The right to have their dogs free from expeditation 
 was granted to and claimed by large landowners and 
 persons of consideration in the Forest of Essex. Richard I. excK Treas. 
 granted it to the Canons of Waltham as regarded their pkcrFor. 
 house dogs ; and they claimed it in their charter shown '^ 
 in 1323-4. Stephen Bishop of London, and the Dean 
 and Chapter of St. Paul's, claimed it at the same time, 
 showing a charter of John. Like claims were made by 
 the Earl of Arundel, lord of the manor of Wolfhamston, 
 and by Thomas, of Huntercombe, and others. 
 
 ' The word " expeditated " is not in the Record Commissioners' 
 version, and seems doubtful. 
 
THE FOJREST OF ESSEX. 
 
 CHAPTER V. 
 
 The Woods and Wood Rights in the 
 Forest. 
 
 " As is common in ancient forests in the neighbourlnood of men's 
 " wants, tlie trees were dwarfed in height by repeated loppings, and the 
 " boughs sprang from the hollow gnarled boles of pollard oaks and 
 "beeches. . . . The trees thus assumed all manner of crooked, deformed, 
 " fantastic shapes— all betokening age, and all decay— all, in despite of the 
 " noiseless solitude around, proclaiming the waste and ravages of man."^ 
 
 IJPHEI^JFO the history of the Forest has for the 
 most part been confined to matters relating to 
 the Crown and its privileges. I have now to describe 
 the customary rights, which, with the acquiescence, and 
 under the protection of the Ministers of the Forest, were 
 enjoyed by the landowners and inhabitants over the wide 
 and unbroken waste of woodland and pasture, formerly 
 stretching along the whole length of the Forest; but 
 which, by encroachments made during several centuries, 
 has become everywhere narrowed, and in some places is 
 no longer even continuous. 
 
 The whole of thd ancient Forest had from a very 
 early time been granted out to different owners, who, 
 
 ' Lord Lytton — Harold. 
 
'i^Q face poc^e ZSI. 
 
WOODS AND WOOD RIGHTS. 231 
 
 either by their original or by later grants, acquired the 
 rights of lords of manors, and in whom were vested the 
 soil and timber of so much of the Forest as lay within 
 their respective boundaries ; but subject to the right of 
 the Crown under the Forest laws to forbid the inclosure 
 of the land, and the destruction of the wood ; and subject 
 to the rights of cutting wood, of pasture, and of pannage, 
 the nature and origin of which, I am about to examine. 
 
 The relative position of the principal Forest manors 
 is shown on the opposite map. Down to the time of the 
 dissolution of the monasteries, a great number of them 
 belonged to the Church. Waltham, Woodford, Nasing, 
 Nettleswell, and Loughton, were among the lordships Cod. Dipi. 
 granted by Harold, and confirmed by Edward the Con- 
 fessor, to Waltham Abbey ; which, later, also became pos- 
 sessed of Sewardstone, Roydon, Epping, with Upshire Dugd. 
 and Hallifield, and Theydon Boys. Wanstead, originally °°^^ ' 
 the property of St. Peter's at Westminster, afterwards 
 belonged to St. Paul's, which also had Chingford 
 St. Paul's ; Layton and West Grange belonged to 
 St. Mary's, Stratford; and Barking, with Dagenham and 
 a number of smaller manors, to the Abbey of Barking. 
 Other Forest manors were in the possession of private 
 owners, except when from forfeitures or other accidents 
 they sometimes belonged to the Crown ; and after the dis- 
 solution of the monasteries, the ecclesiastical manors were 
 again granted out, with the exception of a considerable 
 part of those in East and West Hainault, which had be- 
 longed to the Abbey of Barking ; and which remained in 
 the Crown until the disafforestation of that part of the 
 
232 THE FOREST OF ESSEX. 
 
 15th Rep. of Forest in 1851. In 1793, the King's woods in Hainault 
 1793- contained by measure 2,939 statute acres, and the rest of 
 
 the Forest by computation about 9,000 acres. 
 
 It was forbidden by the Forest laws, as well to the 
 
 owners of trees and underwoods as to strangers, to cut 
 
 them without the licence of the King * or of the Forest 
 
 \\ xxviii. xxix. ofhccrs. " Nouc," says the Forest law of Canute, "shall 
 
 touch our wood or underwood without the licence of 
 
 the chief men of the Forest ; whoever does so shall be 
 
 guilty of a breach of the royal chace. But if any cut an 
 
 oak or other tree which bears fruit for the deer, he shall 
 
 besides pay 205. to the King." 
 
 Assis. of Henry II. ordained that if his demesne woods in the 
 
 § viii. ^'""^ ^' keeping of his forester were destroyed, and no good 
 
 cause could be shown for their destruction, the forester 
 
 should be answerable in his person only for the waste. 
 
 Jd. \ iii. The same King and Richard I. also forbad the giving, 
 
 § iii. ' selling, or wasting the woods in the King's Forests ; but 
 
 allowed the taking of such wood as was necessary by 
 
 view of the foresters and (R. I.) of the verderers. 
 
 RastaU Abr. Delivery of housebote and haybote might be made 
 
 Consuetudines as the State of the wood permitted, but not according to 
 
 Foresta.^ ^ the demand of the person to whom it was delivered ; and 
 
 vesp°"B. ■;'. Hone might sell any of the King's wood without his 
 
 Ruff.App.2t;. . 
 
 ^^ ^ warrant. 
 Id. and see If a man cut down an oak beyond the demesne 
 
 Houard Gout. . . •' 
 
 Angi.-Nonn. woods, and within the Forest, without the view and de- 
 
 Close Rolls, ' See a direction by Henry III. to Richard de Montfichet to provide 
 
 9 H. 3, 1225, oaks from the Forest of Essex for the master of St. Bartholomew's 
 memb. M. tt -^ i • t i 
 
 "^ Hospital in London. 
 
WOODS AND WOOD RIGHTS. 233 
 
 livery of the forester or verderer, he was to be attached vol. 2. Leg. 
 
 _ For. cap. xu. 
 
 by four sureties, and the value of the oak was to be 
 appraised by view of the forester and written in the roll 
 of the foresters and verderers : six pledges were to be 
 taken the first time, twelve the second, and the offender's 
 body the third time. The foresters were also to attach 
 all persons offending against the vert ; the first time by 
 two and the second by four sureties ; the third time the 
 culprit was to be brought before the verderers, and to 
 be attached by eight sureties ; and after the third time 
 his body was to be attached and detained. 
 
 The vert of the Forest, sometimes called by the 
 English term " greenhue," included all trees, whether 
 bearing fruit or not, and also underwood ; and such as 
 bore fruit fit for the food of the deer, viz. pear and crab, 
 hawthorn, black thorn, white thorn, and holly, and all 
 other great and small trees, when growing in the King's 
 demesne woods, were called "special vert." ^ The 
 
 ' To this definition of vert several writers add, with variations, "the 
 ash tree if he be old [or if it be the ancient use in the Forest] being SeeManwood. 
 in the arable land within the Forest because the King is in possession." 
 The Articles of Attachment of the Forest mentioned in Chap. II. are p. 72 supra. 
 the supposed authority for this. I have been unable to trace the 
 version used by the Record Commissioners; but the word "fraxinus" 
 is not in the Cotton MS., of which Ruffhead professes to give a copy ; 
 and he introduces another word, which is also an interpolation. The 
 sentence in this MS. runs thus : — 
 
 " Omnes arbores fructum non portantes, et etiam hec que fructum Vesp. B. vii. 
 portant per totum annum extra dominicum, si antiquitus fuerint in foresta *°- 92 b. 
 et arabil(i) quia dominus Rex est seisitus." Record 
 
 The meaning is obscure. Another writer introduces the maple, as Stat. vol. i. 
 an equivalent of the word which in the Cotton MS. is plainly written \.?'^^' ,^^y'^ 
 " arabil." The objection both to the ash and the maple is that they Forests ; ' 
 are already included in the general definition of vert. Rastall's Abr. 
 
 r^, -.rr.r, ,11 1 • . r ,. , Manwood, on. 
 
 The MSS. are probably wrongly copied from an earlier document. (, § i 
 
234 
 
 THE FOREST OF ESSEX. 
 
 Camb. MS. 
 fo. 22 ; Harl. 
 MS. 6839, 
 fo. 261. 
 
 E. F. Aibitn. 
 Mills' Case, 
 Ev. ofH. J. 
 Ilatherill, 
 2311-17. 
 
 46th article of the charge to the grand jury of Waltham 
 Forest, in 1634, declares that hawthorne, crab tree, holme 
 or holly, and " old fearne," ' are accounted vert by the 
 ancient Iters, and may not be cut down within the regard 
 of the Forest. It is the King's vert. 
 
 Accordingly, some of the persons who claimed wood 
 rights in the Forest excepted from their claims the right 
 to cut "whitebush, hull, and crab;" and even in the 
 19th century, we find the Forest officers exercising their 
 ancient right to enter into any man's woods in the Forests, 
 and cutting these kinds of vert as "browst" for the 
 deer's winter food, in the wood assignments, the owners 
 of which claimed a general right to underwood. 
 
 Manwood, 
 ch. 6, § 3. 
 
 Ch.For. Pioc, 
 6 Car. I, 
 No. 153. 
 
 Assisa Reg. 
 R. I. de 
 
 Forestis. 
 
 The destruction of special vert was a greater offence 
 than that of common vert. A simple money fine might 
 atone for the latter ; ^ but for the former, the culprit was 
 not only to pay the value of the wood, but forfeited the 
 cart and horses with which it was drawn out of the Forest. 
 That this law was still in force in Waltham Forest in 
 1630, is shown by some of the answers to the justices' 
 inquiries, which only state the value of timber and pol- 
 lards wrongfully cut in Chingford, Sewardstone, and 
 some other parishes; but in the King's demesnes in 
 Hainault also give the value of the horses, and of the 
 "unshodd carte," used for drawing the trees out of the 
 woods. 
 
 ' Old fern is not mentioned, so far as I can find, in any Forest law 
 or regulation. Having- regard to the subject of the last note, it is 
 curious that in the Camb. MS. the word " fearne" looks at first sight 
 very like " fraxine." 
 
 * "Qui autem forisfecerit in Foresta Regis de viridi . . . erit in 
 misericordia Regis de pecunia sua." 
 
WOODS AND WOOD RIGHTS. 235 
 
 When the injury done to a wood by cutting, was Dial. Exch. 
 such that any one standing and resting upon the pro- 
 jecting trunk of a felled oak or other tree, could see on 
 looking around, five trees cut down, it was called waste ; 
 and such a misdeed, even when committed in a man's 
 own wood, was of so grave a kind that it ought never to 
 be quieted at the Session of the Exchequer, but ought 
 rather to be punished by fine according to the means of 
 the offender. A punishment so regulated was, of course, 
 abused. When the regarders spied out the woods of Mat. Paris 
 one whom they knew to be wealthy, they forthwith de- i6s7m.r^s.)." 
 clared, whether truly or not, that they had been wasted. 
 
 Wasted woods were also seized into the hands of the 
 King. Henry I. impleaded every year the owners of 
 the woods, to ascertain if they hunted in them, or 
 diminished them to supply their own wants. And he 
 not only seized, but kept them, for one of the oaths 
 taken (but not kept) by Stephen, when he came to the fd. 163. 
 throne, v/as that he would not keep in his hands the 
 woods either of priests or people, as had been done by 
 King Henry. 
 
 The Essex records show that in the 13th century piac.For. 5 
 the Forest woods were frequently seized on the King's 20 kd. i ' ' 
 account for waste : the rule v/as that, if a wood remained consuet ^t 
 in the King's hands for a year and a day, it remained at -'^^^- ^°''- 
 the pleasure of the King, unless it could be recovered App.' p. 25, 
 by the judgment of the Forest Justices. In Essex woods 
 were often given up after a longer time, on payment of ■ 
 a fine. But the offence of wasting a wood was not 
 entirely condoned by payment of a fine, half a mark 
 being made payable by another rule in respect of a id. 
 
2 3 6 THE FOREST OF ESSEX. 
 
 piac. For. wasted wood at each subsequent Justice Seat. For such 
 2oEd. I. old wastes, Roger le Veneur and others in 1277, Ralph 
 de Tony in respect of his wood at Walthamstow in 1292, 
 and Cypriana de Boys and several others in 1323, in 
 respect of a wood in Nastok (Navestock), each paid that 
 sum. 
 
 The records of the 13th, 14th, and 15th centuries, 
 abound with complaints of the destruction of the vert of 
 piac For. the Forest. At the first Justice Seat, held in 1277, the 
 entries about the vert are numerous. The proceedings 
 extended to the hundred of Lexden, and half of each of 
 the hundreds of Wenestre and Thurstable, which were 
 then claimed as part of the Royal Forest ; and a regard 
 of Colchester was duly presented, in which it was found 
 that the wood of John le Burgo of Cestreweld had been 
 wasted by him, and that there were " Extractors and 
 Destructors" {Extradores et Destrudores ; afterwards 
 called "malefactors of vert") of the said wood. Their 
 names were William Springold of la Milaunde; Ralph 
 the Sawyere of the same place ; William del Frith, Philip 
 de la Hegge, Colemannus de Quercu, Stephen Clerk of 
 Withernum de Ford, Hamo Toll, Richard [his] brother, 
 John Toll ; Nicholas Molin, Roger le Clerk of Colecestre, 
 and Geoffrey le Warener of the same place. Some of 
 them, however, seem to have proved an alibi, and one 
 was dead ; but several were fined. 
 
 Thomas Thurkyld of Yarmouth was also found to 
 have caused great destruction in the same wood, carrying 
 away the vert in large ships, and wasting the grove 
 called Wolvesgrave ; and resisting when the King's 
 
WOODS AND WOOD RIGHTS. 237 
 
 foresters attempted to attach him and his workmen. He 
 was compelled to appear before the Forest Court by the 
 Sheriff of Norfolk, and was adjudged to prison, and 
 fined 20s. by the pledges of Geoffry the Palmer of 
 Waldon, and Richard the son of Martin of Colchester. 
 There were great complaints at this Court of damage to 
 woods, both in the old and in the wrongfully afforested 
 districts; with the afforestation of which these riotous 
 acts were probably connected. 
 
 Again, in 1292, many persons, including Master 
 John de Lucca, Canon of St. Paul's, London, were fined 
 for trespass of vert. In 1323 the Prior of ** Bermounsye" 
 was presented for wasting his wood, which was seized 
 into the King's hands. John le Tailor, of Wodeford, was 
 denounced as a common malefactor of vert, as well by 
 day as by night, in divers woods in the Forest ; and 
 there were many other like complaints : and notably in 
 1489, no less than twelve against Christopher Stubbes of justice Seat, 
 Loughton, for cutting, selling, and carrying away, in all, 
 3,50 loads of timber, and committing other depredations 
 upon the vert. The great number of these complaints 
 shows that in those days, as well as in the 19th century, E.F.Arbit. 
 there were many who thought it no crime to steal wood nltheriu, " 
 from the Forest ; and possibly the gradual destruction of ^^ °" 
 the ancient common wood rights may have been the 
 cause of the mischief. 
 
 The robberies were not all committed by strangers. 
 In 1489 the forester of the bailiwick of Inholt was pre- Duch.ofLanc. 
 sented and convicted as a common destroyer of the Pieasof Vert, 
 woods of the Abbess of Barking in Inholt ; and her riding WaitLm. 
 bailiff wrongfully cut oaks in the King's waste soil. 
 
238 THE FOREST OF ESSEX. 
 
 It was perhaps in consequence of the connivance of 
 the Forest officers, that complaints of the destruction of 
 the vert were much fewer in the i6th and early in the 
 
 iOct.,sjas.i. 17th century. In 1607, a man was presented at the 
 Manor Court of Eppingbury for cutting 157 trees on the 
 waste of the manor in the Forest ; but among the 340 
 
 ch.For.Proc. presentments at the Forest Regard of 1630, which covered 
 
 6 Car. I, ' many previous years, very few relate to the vert ; and of 
 those which do, several refer, not to active waste, but to 
 the omission to fence woods which had been felled, in 
 order to preserve the young springs from being injured 
 by cattle. 
 
 Appt. of The connivance of the under keepers at the wilful 
 
 Supermt. of r i • i -i • i r 
 
 Reeves, Concealment of this neglect was complained of by James I. 
 in 1624. The owners of such woods had originally only 
 a permissive right to fence them for three years ; this in 
 22Ed. 4, c. 7. 1482 was extended to seven years; in 1543, the in- 
 c.^i'^f"'^' creasing destruction of the woods led to an enactment, 
 that all coppices or underwoods of or under fourteen 
 years' growth, should be inclosed after cutting, during 
 four years ; all above fourteen and not over twenty-four 
 years' growth, during six years; and all woods over 
 twenty-four years' growth, during seven years. 
 
 The same statute directed that for every acre of 
 coppice wood cut, of twenty-four years' growth or under, 
 twelve storers or standils of oak should be left ; or if there 
 were not so many, then of elm, ash, or beech, likely to 
 be timber trees : and in woods over twenty-four years' 
 growth, a like number of trees for timber were to be left 
 for twenty years. These however might be cut for the 
 personal use of the owners, for the repair of houses, 
 
WOODS AND WOOD RIGHTS. 239 
 
 bridges, floodgates, and the like, and for ships. In 1 570, 13 eiiz. c. 25. 
 each of the times prescribed by the last statute for 
 keeping up the inclosures of woods, was increased by- 
 two years. 
 
 The object of these provisions was, of course, that 
 the Forests should not be entirely stripped of timber ; 
 but James I. had regard also to the ornamental character 
 of the woods on the Crown demesnes, and directed the Articles an- 
 Commissioners for sale of the woods, not to cut any commission 
 tree, other than in places assented to by such as the ing Forest, 
 King had appointed to take care for the beauty of '^'' ' °^' 
 the Forest, park, or chase, in which timber was to be 
 sold. 
 
 All these precautions were neglected during the 
 Commonwealth, at which time the destruction of timber 
 was very great. In 1656, according to a certificate state Papers 
 made by Carew Hervey or Mildmay and John Brewster interregnum 
 
 •, T 1 -r. . ■ r ■, • 1656, Bund. 
 
 to the Lord Jrrotector, in pursuance or his warrant 654, fo. 249. 
 directing an inquiiy into the spoils of the " Forest by 
 cutting timber and underwood, much spoyle was comitted 
 in three groves, called Great King's Grove, Little King's 
 Grove, and Queen's Grove, w"'' belong to y'' Heighness," 
 and were formerly preserved as nurseries for young tim- 
 ber for shipping, lying near to the waterside. Above 
 100 timber trees and oaken spears were carried away. 
 One workman alone felled in one of the groves 500 of 
 long tallwood,* being oaken spears, and 1,500 of short 
 
 ' Mr. Rogers seems to imply that " tallwood " was wood used for Six Centuries 
 burning. The "long tallwood" here mentioned was certainly not ^a^es'^^^'s 
 firewood; the "spears" with which it is identified were oak trees, ed. 1886.' ' 
 
240 THE FOREST OF ESSEX. 
 
 tallwood, some of which was hornbeam, besides Ostrey 
 faggots/ and brush faggots to a great quantity ; and the 
 like proportion was believed to have been felled in the 
 other two groves. These were on Crown lands. But the 
 destruction in other parts of the Forest was as great. 
 Besides much timber, trees sufficient to produce 10,000 
 logs, 50 loads of spraywood, and as many of livery wood, 
 were carried away and sold out of the Forest. And it 
 was "testified, that Mr. Payne hath sold to one Townsend 
 and oth™ all the Maple trees, Servis trees, and holly trees 
 y" are growing w*^ in ye Forrest." For prevention 
 whereof the expedient was humbly offered, which was a 
 constant rule before observed in the Forest, " that 
 noe Keeper, Woodward, or oth'' Offic'' of Forrest, under 
 what pretence soever, presume to cutt, fell, or cart 
 away any Tymb'' or other Tree or Wood w*'' out y® view 
 and approbacon of a verderer and Cheife Mr. Keep." 
 
 Notwithstanding these depredations, much timber 
 
 fit for the use of the navy still remained in Hainault. 
 
 Diary, i8 Jan. Pepys saw many trees of the King's, a-hewing in the 
 
 Forest in 1662 ; and he mentions the complaint of the 
 
 Admiralty officer that the country was backward to come 
 
 which were preserved for timber. The " short tallwood " may 
 
 probably be the pollards, which were kept for lopping ; the trunks, 
 
 when ceasing to produce shoots, being used for the repair of bridges 
 
 and such purposes, under the name of " wholves," and sometimes for 
 
 firewood. 
 
 Mats. lUust. Again, in the 15th century the distinction between firewood and 
 
 of Reign of tallwood appears in the following entries: — "Item ccc di fagottes, 
 
 beiV2.^24^" P"ce the c, iiig. viiid— xiig. lod. Item 11'' talwoode, price the c, 
 
 (M. R. S.). vid— xiig ;" in the last entry the vid. being evidently a mistake for vi.g. 
 
 ' I cannot find any explanation of this term. 
 
WOODS AND WOOD RIGHTS. 241 
 
 in with their carts.^ A great quantity was also cut early 'Sth Rep. of 
 
 in the i8th century, 1,245 trees having been sold in 172 1 1793- 
 
 and 2,075 in 1725. In 1794, 470 loads of oak timber Auach. RoIIs, 
 
 8 Sept. 1794. 
 
 were felled in Hainault for the use of the navy, of which 
 442 loads were actually used, and the rest, with the bark, 
 lops and tops of the whole were sold — the 28 loads of 
 timber producing 68/. 13s. 6d., the bark 312/., and the 
 lops and tops 139/. 165. 
 
 The comparative scarcity of large trees in the 
 Epping division of the Forest arose from the continual 
 felling of the timber, and from treating the new growth 
 as coppice wood, which was cut at short intervals. This 
 was much practised in the i8th century. The rolls of 
 the Court of Attachments between the years 17 13 and 
 1770 are full of applications for, and of grants by the 
 Chief Justices of the Forests of licences to cut woods ; 
 and many of these applications were renewed at intervals 
 of from ten to twenty, but generally of about twelve or 
 fourteen years ; the woods being described as then of full 
 growth. 
 
 Between 17 13 and 1723, in particular, there was an 
 epidemic of wood cutting. During these years, leave 
 was given to cut groves covering upwards of 680 acres. 
 Afterwards the applications were much fewer, but the 
 acreage was about 314 between 1724 and 1733, 251 be- 
 tween 1734 and 1743, 283 between 1744 and 1753, and 
 246 between 1754 and 1770. 
 
 ' This remark seems to imply that the King's officers were still 
 
 ■attempting to enforce the right of purveyance, which had been 
 abolished in 1660. 
 
 F. R 
 
2 4 2 THE FOREST OF ESSEX. 
 
 During the whole of this period, leave was given to 
 stub up about 123 acres of the woods mentioned in these 
 applications. 
 
 After 1770, either from the neglect of the officers of 
 the Court to make the proper entries, or because the 
 owners cut without licence, no applications for leave to 
 cut or to stub up woods appear on the rolls. 
 
 The proper course was first to obtain leave from the 
 
 Court of Attachments, and then to apply to the Chief 
 
 Justice for a licence, which was seldom refused. Lord 
 
 Lansdowne Riche Said that when he was Lieutenant of the Forest, 
 
 he never refused an applicant leave to cut or inclose his 
 
 own woods. But later, the Lieutenant does not appear 
 
 to have been concerned in the matter ; and that licences 
 
 were sometimes irregularly obtained, appears from the 
 
 Atiachment admission of a person in 1728, that he obtained a licence 
 
 1728'. " to stub a wood by payment of 5/. 5^. to the clerk of the 
 
 Secretary of the Chief Justice, after refusal of leave by 
 
 the verderers. 
 
 There were various special rights of cutting wood in 
 the Forest, arising either by grant or by ancient custom, 
 and exercised in some cases independently, and in others 
 under the control, of the Forest officers. 
 
 The charters by which Edward the Confessor 
 
 granted or confirmed lands to the monasteries of Waltham, 
 
 Cod. Dip]. and St. Paul's, London ; to the former " the land by the 
 No. 813. _ ' _ ' _ ■' 
 
 inhabitants of old time called Waltham," which included 
 Passefeld (Passelow), Walde, Tippendene (Debden), 
 Alwartune (Alderton), Wodeforde, Nesingen (Nasing), 
 Nethleswelle (Nettleswell), Lukintone (Loughton), and 
 
WOODS AND WOOD RIGHTS. 243 
 
 Other places; and to the latter, Chingford St. Paul's; 
 contain no restrictions upon the use of the woods. But 
 the grant by Henry II. which confirmed these old pos- h. 2(1154). 
 sessions of Waltham, and added to them Sewardstone, tiqu^, 
 
 M. n, 2. 
 
 and Epping, declares that it shall be lawful for the 
 
 monks freely to use their woods ; while a later charter i Richd. r, 
 1 T^ . 1 , T . .1 , 1 r 1 , „ /<^. M. No. 6. 
 
 by Richard I. gives a right only to take ireely and suffi- 
 ciently from all their woods without view of the foresters 
 for the use of their house. It was, however, admitted by the Exch. Treas. 
 
 ■' ofRect. Plac. 
 
 Abbot of Waltham m 1292, that he had no right to give For. 20 Ed. i. 
 or sell his woods, without the King's permission ; and Pat. roU, 
 
 1 1 A,i f^ 16 Ed. 3, Part 
 
 licences were granted to the Abbot and Convent to cut 3. m- "• 
 
 • 1 • 1 /<f. 2 R. 2, 
 
 and sell woods to a certain value m 1343 and 1379. Part 2, m. 15. 
 
 By other charters of the same and of later Kings, 
 the Abbess of Barking, the Church of St. Paul's, and 
 other large Forest landowners were entitled to take of 
 their woods for the use of their houses without view of 
 the foresters. 
 
 It is probable that these grants, which practically 
 extended over the whole of the ancient Forest, were 
 inserted in the charters for the purpose of confirming the 
 rights, which, time out of mind, had been exercised by 
 the inhabitants in this, as in other forests, of pollarding 
 and lopping the trees for fuel and other purposes.^ The 
 
 ' In the manor of Writtle the tenants had a right against the lord's Cowell's In- 
 demesnes called "Frampole," -which was evidently of the same t^'T"'*'^''' 
 character, and was exercised in much the same manner, as the Forest 
 right of lopping. The tenant had as many trees or poles as he could 
 reach from the top of the ditch with the helve of his axe, towards the 
 
 R 2 
 
244 THE FOREST OF ESSEX. 
 
 prevalence of this practice is shown, as well by the 
 abundance throughout the Forest of such trees as are 
 described in the passage quoted at the head of this 
 chapter, as by many ancient documents. 
 
 In 1630 and 1670 the lords of fifteen Forest manors 
 and sub-manors claimed, in almost similar language, 
 power to lop and cut all their own trees called pollard 
 trees, anciently lopped and growing on the demesnes of 
 their manors ; in most cases, without view of the foresters, 
 and for burning on their hearths, or for mending their 
 hedges and inclosures. Like claims were made at the 
 same time by owners of freehold and copyhold lands 
 and houses, to cut the pollards on their own lands. And 
 in Sewardstone, Wolhampton in Waltham, Chigwell, 
 Ruckholt, Walthamstow Toney, Theydon Hall in They- 
 donbois, Woodford, and Stapleford Abbot, not only 
 customary tenants, but also freeholders and inhabitants 
 of the vills and parishes, claimed estovers, sometimes in 
 a general form, and sometimes expressly by lopping 
 pollards. 
 
 It can hardly be doubted that the rights of cutting 
 which thus prevailed in many neighbouring parishes, the 
 position and circumstances of which were alike, had the 
 same beginning in all ; or that they were remnants of 
 those ancient common wood rights which existed in this 
 and many other countries before the forest and waste 
 lands had become private property, and which in later 
 
 repair of his fence. The etymology has been doubted ; but it is 
 tolerably clear that the word refers to the profit or free right (Anglo- 
 Saxon, freame) of polling or pollarding. 
 
WOODS AND WOOD RIGHTS. 245 
 
 years existed in the modified form of rights of estovers * 
 for the use of ancient houses ; but often disappeared be- 
 cause they could not be justified by the rules which had 
 grown up under the feudal law. 
 
 Grants of, and references to such rights, are com- 
 mon in charters of the gth and loth centuries. " Com- Cod.Dipi.190. 
 
 J . . . Cart. Sax. 322. 
 
 mon wood with the other men according to ancient — 
 
 ,, ^ ,,.,,. , . Cod. Dipl. 
 
 custom ; common of wood, "hke that of other men in 1041. 
 the same land; " "freewood, according to ancient custom ^' — "* 
 and regulation, to be taken in summer, in the common cart.sLx.'426! 
 wood which we Saxons call in gemenisse,'" "the wood ° ■ 'P" '^^' 
 which from olden time was declared by law to be com- 
 mon," are examples of the language of such grants, 
 made by Cuthred and .^Ethelwulf of Kent, and ^thelwulf 
 of Wessex, in 805, 832, and 839; and the "wood rights Cod.Dipi.soj; 
 
 . , . . and see td. 
 
 in the wood which the freemen enjoy" occurs in a grant 179. andCart. 
 
 probably of the same century by Bishop Werfrith.* Dipi. 198, 
 
 432, 714, 843, 
 
 1041 ; Cart. 
 
 The wood rights, traces of the former existence of 
 which are to be found in all parts of the Forest, were 
 still exercised in the parish and manor of Loughton, 
 
 ' The right of estovers, in Saxon-English called "botes," includes 
 a right to take wood for burning upon the hearths of ancient houses, 
 and for the repair of buildings, fences, and implements of husbandry; 
 and according to its use for any of these purposes, it is known as iire 
 bote, house bote, hay or hedge bote, or plough bote. 
 
 ' De Laveleye refers to the words " in silva communi seu regis " in De la Pro- 
 a law of Dagobert, a.d. 630, as illustrating the manner in which the P"^'"l' ^'^■ 
 Kings treated the common woods as the property of the Crown ; but 
 he cites the passage without the least regard to its sense. The law to Capit. Reg. 
 which he refers fixes the fine to be paid by a person who, from a wood Fra""^- Eago- 
 which is common, or belongs to the King, or lo any one else, removes Baluzius, 1.50! 
 timber for building or split logs. 
 
10 Jas. I. 
 
 246 THE FOREST OF ESSEX. 
 
 when the Loughton wastes passed into the hands of the 
 Conservators of Epping Forest. They are undoubtedly 
 of the same character as those referred to in these ancient 
 charters ; and also resemble the customary rights which 
 have existed from remote times in some of the cantons 
 of Switzerland, and in other countries, in which, at the 
 time of their origin, wood was plentiful and people few. 
 Ducii.ofLanc. Two survevs of the manor of Loughton, when it was 
 
 Rec. Surveys •' . 
 
 of Woods, parcel of the Duchy of Lancaster, were made m 1608 
 
 Div. 19, vol. 9. . 
 
 Duch.ofLanc. and i6i2. According to the first there were m the 
 
 Surveys and , i i /• 
 
 Deputations, Crown demesnes 212 loads of timber and 1,586 loads of 
 firewood. The other shows that both on the demesnes 
 and on the waste called Fairmead, within the manor, 
 there were great numbers of pollards ; the ancient tenants 
 of the manor having, as it was stated in the survey, a 
 right of common of estovers over the waste ; besides a 
 similar right in Highwood on payment yearly of twenty- 
 nine smoke hens to the lord. The survey says, in 
 conclusion, "Upon all wch pcells of wood and wast, are 
 dispersedly growing divers pollards, and old decayed 
 beech and hornbeam trees, which only beare cropp for 
 the above-mentioned uses of the tenants of the said 
 manor." 
 
 The validity of the right of lopping which was 
 claimed and exercised by the people of Loughton, was 
 much disputed before the Epping Forest Commissioners, 
 and also before the Epping Forest Arbitrator, by both of 
 whom it was held to be well established, having regard 
 to the Forest laws. But as the question of its validity 
 depended upon principles of English law which are 
 entirely artificial, it is unnecessary to discuss it here. I 
 
WOODS AND WOOD RIGHTS. 247 
 
 purpose only to show the nature of the custom, its probable 
 origin, and its bearing upon the other rights of common 
 which prevailed in the Forest. 
 
 Omitting some exceptions which it is not necessary 
 to state, the right as found by the Epping Forest Arbi- 
 trator, after careful examination of the evidence, was, 
 that the occupiers of houses in the manor and parish of 
 Lough ton had the right to lop under the name of " lop- 
 wood," for the proper use and consumption of [the 
 inhabitants of] such houses, as fuel, from the hour of 
 twelve o'clock at night on the nth day of November 
 (All Saints) in each year to the same hour of the 23 rd 
 day of April (St, George) in each succeeding year, the 
 boughs or branches of the trees growing upon the waste 
 lands of the Forest, within the precinct of the said manor 
 and parish (except upon Monks Wood and Loughton 
 Piece), in such manner as not to destroy or unnecessarily 
 injure the trees ; and at such a height from the ground 
 as not to destroy the covert or browsing of the deer of 
 the Forest. The finding of the Epping Forest Commis- Final Rep. of 
 
 • • <-, 1 rr 1 • f 1 E. F. Com. 
 
 sioners m 1877 was to the same effect, but it did not p. 4(1 Mar. 
 contain the clause about the covert or browsing of the 
 deer ; which for a reason to be presently mentioned, I 
 consider to have been founded upon a mistake. 
 
 It was almost ah article of faith in Loughton, that 
 the right of lopping was granted to the inhabitants by 
 Queen Elizabeth, who was lady of the manor. It is pos- 
 sible (for such traditions are seldom without foundation) 
 that the Queen may have confirmed, or renewed some 
 earlier confirmation of the ancient rights, or may have 
 
THE FOREST OF ESSEX. 
 
 Loughton 
 Rolls, 2 1 Sept. 
 
 Claim No. 2, 
 Bundle A. 
 1850. 
 
 E. F. Com. 
 Evidence of 
 Maynard ; 
 Salmon ; 
 Wade; 
 Parish. 
 Proceedings, 
 PP- 3417— 
 3429- 
 
 Ch. For. Proc. 
 Waltham. 
 
 prevented their destruction. But it is certain that she 
 did not originally grant them; for in 1570, when she 
 had been on the throne but twelve years, several persons 
 were fined at the manor court because they carried their 
 custom wood in carts, against the custom of the manor. 
 Moreover, the belief that the right was granted by 
 charter was not confined to Loughton. The inhabitants 
 of Theydon Bois, in 1841 and 1850, when the right of 
 the parishioners to lop was interfered with and disputed 
 by the lord of the manor, claimed a right of lopping ; 
 and alleged, in their claim in 1850, that Waltham Abbey, 
 Epping, Loughton, and Theydon Bois had all at one 
 time an equal right. In 1875 they also claimed this right 
 before the Epping Forest Commissioners ; and though 
 for technical reasons of law the claim was only allowed 
 to the tenants of ancient tenements held of the manor, 
 the evidence of several aged witnesses showed, not only 
 that the right was exercised at the same time and in the 
 same manner as at Loughton, but that according to 
 tradition it was the right of the parishioners ; some 
 of whom had always continued to cut in order to 
 preserve the right, although they had been prosecuted 
 for so doing, and imprisoned for non-payment of their 
 costs. 
 
 In Sewardstone also, in 1630 and 1670, the men 
 and inhabitants of ancient messuages and tenements, 
 both free and customary, claimed lopping rights in the 
 hamlet, in terms which, as to the mode of taking the 
 wood, were almost identical with the description of the 
 Loughton custom, viz. a right to cut, from the Feast of 
 AU Saints to that of St. George, sufficient fuel to be 
 
WOODS AND WOOD RIGHTS. 249 
 
 burnt in their ancient messuages, and carried away in a 
 sledd with two horses for each turn only. 
 
 I shall show further on that these and the rights of 
 some other parishes, were probably represented in modern 
 times by permanent assignments of parts of the waste for 
 the exercise of the rights of lopping, but under the same 
 regulations which were observed in the lopping of the 
 common wood in Loughton. 
 
 Except by taking care that the lopping was con- 
 ducted in accordance with certain regrilations which were 
 for the advantage of the deer, the Forest officers never 
 interfered with it, although it was a direct injury to the 
 vert of the Forest. Like many other customary rights, 
 which were originally managed by the communities to 
 which they belonged, the regulation of the Forest lopping 
 had for centuries been in the hands of the manorial 
 Courts, which were continually striving to lessen the 
 burden upon the lords' woods, and in several of the 
 manors succeeded in altogether destroying it. 
 
 The time at which the lopping began in Loughton 
 was formerly All Saints' day — the ist November; but 
 by an order of the Loughton Manor Court, made on the 
 14th May, 1753, in consequence of the change in the 
 calendar, the day was shifted to the 12th November, 
 it being stated in the order that the anticipating the 
 nominal day for the beginning to take or cut wood, called 
 lopwood, would be attended with great inconvenience, 
 and be very prejudicial to the growth of wood in the 
 Forest. 
 
 The inhabitants seem to have thought It necessary e. f. Com. 
 
 Evidence of 
 
2 so THE FOREST OF ESSEX. 
 
 H. Bacon ; for the preservation of their rights that they should begin 
 j! Mathews ; to lop as the clock struck the hour of midnight on the 
 ^' preceding night ; and they met in the woods for that 
 E. F. Arbitn. purposc, generally at a place called Staples Hill, where, 
 Luffinin. after lighting a fire and celebrating the occasion by 
 draughts of beer, they lopped from 12 till about 2 o'clock, 
 and then returned to their homes. 
 E F Arbidi '^^^ manner of lopping was for each person to mark 
 
 H"T*Hatheriii °^^ ^°^ himsclf the piece of ground upon which he pro- 
 posed to work for the season, by cutting off and dropping 
 a bough here and there, to show his boundaries. These 
 were observed till towards the end of the season, during 
 which he lopped within them at his pleasure, notwith- 
 standing the restrictions which the manor court attempted 
 to impose. 
 E. F. Com. There were no disputes about the cutting, although 
 
 A^i.Taimage; there appears to have been no person in authority who 
 j.'spicCT;' had power to regulate it. The only care of the Forest 
 J. at ews. Qf][^cgj-g a^ji(j Qf ^}jg bailiff of the manor, was to prevent 
 H.;^ii^henu the pollarding of spear oaks,^ and the cutting below the 
 ifaf^tlg^Nov. proper height, which was six feet from the ground. But 
 1699- it -v^ras difficult to keep the men to that height, and the 
 
 distance was sometimes put as low as five, and sometimes 
 as high as eight, feet. 
 
 It was thought by some of the witnesses that the 
 
 E. F. Arbitn. ' /■«■, oaks intended to grow into timber trees. Before attaining 
 G^Banlfs"^ the dignity of a spear the young oak was a "sapling"; the young 
 1349— 1358. hornbeam before pollarding was a "second." In January, 1715-16, 
 Attachment thirteen persons were fined \d. each for heading such oaks ; and in 
 Roll, 27 June, jj^g following August, John Wooton was fined zoj-. for heading eight 
 
 spear oaks in Hainault. The spears were marked by the King's 
 
 woodward with the broad arrow. 
 
WOODS AND WOOD RIGHTS. 251 
 
 branches were allowed to be cut only at a certain height 
 
 above the ground, in order that cover might be left for 
 
 the deer. But it was considered by an experienced wood e. f. Arbitn. 
 
 surveyor, and by Henry John Hatherill, one of the w! j.°Beadei. 
 
 Epping Forest witnesses, members of whose family had ^^^^f'^°^ 
 
 for many years been Forest officers, and who had himself 
 
 a great knowledge of the matter, that the object was to 
 
 keep the young shoots of the pollards beyond the reach 
 
 of the deer and the cattle, which would otherwise browse 
 
 upon them ; a reason which supports the conclusion that 
 
 the right of lopping was not dependent upon or connected 
 
 with the Forest law. 
 
 The wood was cut with an axe having a handle 
 about three feet long ; so that a man standing on the e f. AiWtn. 
 ground could conveniently lop the trees at the proper john Grant. 
 height ; the larger branches only were cut out, the e. f. com. 
 smaller being left to produce wood for lopping in future h. Bacon ; 
 years. It was, apparently, for not observing this rule ' ^'*^^"^' 
 that Richard Wolsey, a woodward, was presented in 
 1573 for spoiling the trees, "because those trees which 
 in one year he lops, in the next year he wastes, and he 
 names them starvelings."^ 
 
 The customary mode of cutting, though not the e. f. Arbitn. 
 
 . 1 . , . 1 Evidence of 
 
 most economical, was very suitable to a district in which t. s.wooiiey. 
 wood was plentiful ; and the result was that there was 
 always a supply of branches sufficient for the fuel rights. 
 
 The lateral shoots cut from the lopped branches 5- .•^- -^t'?' 
 
 '■ ^ Evidence of 
 
 were left on the ground as food for the deer ; and there Hj.HatheriU. 
 
 ' That is, trees which, being worn out, no longer produced branches 
 for lopping. The trunks, being the property of the lord of the manor, 
 were then often applied to his use. 
 
252 THE FOREST OF ESSEX. 
 
 are many entries in the Loughton rolls about their 
 E. F. Arbitn. improper removal. The branches themselves mieht not 
 
 Evidence of ^ ^ . ° 
 
 John Free. be fagfe"oted on the Forest, but were made into heaps 
 
 Rolls, 25 Aug. , ^ . . ^ 
 
 1718; 14 May, about six feet hieh; which were to be drawn out of the 
 
 '753; 21 Juiy> -r^ . . 
 
 1579; 21 Forest, neither with draft oxen nor in carts, but only 
 
 and many ' With two horses or gcldings,* and a sledge — which was 
 
 E.F. Com. ' a frame of wood shod with iron, and originally without 
 
 H. Bacon; whecls. Later, this rule was neglected, and wheeled 
 
 J.' M^attews. Carriages were used; but the name of the ancient carriage 
 
 i7'i8^and "^' was transferred to its burden, which was called a " slid." 
 
 many others. 
 
 Through a space of almost 260 years, viz., from 
 1570 to 1828, the rolls of the manor of Loughton contain 
 orders made for the regulation of the lopping ; and it is 
 remarkable, that while attempting to limit the right to 
 tenants of the manor for their estovers, these orders 
 constantly recognized its exercise by "inhabitants," 
 "cottagers," and "other persons"; and sometimes 
 Rolls, refer to it as " common " or " custom " wood. Thus, in 
 
 21 Sept. 1570. ' 
 
 1570 there was the order, just mentioned, that no tenant 
 of the manor, or inhabitant within the manor (which is 
 coterminous with the parish), were to draw their customary 
 /rf. 23 0ct. wood with draft oxen or carts. In 35 EHzabeth no 
 tenants or inhabitants in certain houses built within the 
 memory of man, were to have any common of wood 
 under a penalty for each time of ij.^. Three years later 
 another order shows that this was not obeyed ; and in 
 
 ' I was told by a very aged witness who gave evidence before the 
 Epping Forest Commissioners, that according to tradition, the first 
 load of wood cut in the season was formerly drawn out of the Forest 
 by white horses. 
 
WOODS AND WOOD RIGHTS. 253- 
 
 44 Elizabeth it was superseded by an order that tenants Loughton 
 
 111 ill 1 • 1 Rolls, 14 Jan. 
 
 who had new tenements should not carry wood with a 1602-3. 
 sledge, under penalty for every sledge of v.^. ; a recogni- 
 tion of the right of such tenants, which was inconsistent 
 with the ordinary right of estovers. The object, probably, 
 was to reduce tenants of new houses to the position of 
 cottagers; who, by several orders in the 17th century, /<?. zoSept. 
 were prohibited from carrying wood on a sledge; the izApni.iegV. 
 meaning being, that they might take only such a 
 quantity as they could carry themselves. 
 
 The history of the cottagers as a class, goes back to 
 a remote age. In the Hundred Rolls they are called 
 " cotarii," and in the Domesday sometimes "cotarii" 
 and sometimes " bordarii," under which name, corrupted charge of 
 into the misleading term "borderers," we find in the Hari'. ms.' 
 17th century that they were bound to assist the keepers camb. ms. 
 of the Forest to attach offenders.* 
 
 In the iQth century they were called "kotsetlan;" 
 and the nature of their services to their lord, and . their 
 rights, are fully set forth in the Rectitudines Singularum 
 Personarum. Five acres was the quantity of a cottager's 
 land, and more if it was the custom of the place ; and 
 the writer adds, that it would be too little if less, because 
 his work must be often ready. 
 
 But in later times his holding, which was only at st.Pap.Dom. 
 the will of the lord, was often only half-an-acre, or the vol.' 109,' 
 still smaller garden which belonged to his cottage. 
 
 ' The reeve and fourmen of Nasing presented, on the 2 1 st September, 
 1630, that no complaints were made by this Forest officers of the want 
 of such assistance. 
 
254 
 
 THE FOREST OF ESSEX. 
 
 There were at the date of the Domesday survey five 
 of these bordarii on one, and four on the other, of the 
 two manors in Loughton then held by the monastery of 
 Waltham Holy Cross ; besides nine others on the estates 
 belonging to Robert Greno and Peter Valoniensis, but 
 which it is thought may have belonged to Leyton. In 
 one of the entries in the Loughton Court Rolls in the 
 9th January, year 1 66 1, they are distinguished both from the ordinary 
 tenants of the manor and from other inhabitants by the 
 description " tenant of the manor, Anglice, a cottager." 
 Their general right to lop wood, so long as they did not 
 carry the wood away on a sledge, is a distinct recognition 
 of their position in the ancient community ; and it will 
 hereafter be shown, that when the Forest Court of 
 Attachments attempted to make the yearly value of 
 each man's holding, the measure of his right to de- 
 pasture his cattle on the Forest waste, a special provision 
 was made in that case also, for the cottagers who held 
 less land than would entitle them to turn out a single 
 beast. 
 
 Reverting to the entries which by implication affirm 
 
 the right of inhabitants of Loughton to cut wood, we find 
 
 Loughton that inhabitants within the manor were forbidden to cut 
 
 Rolls, 
 
 7 April, any green tree, or to cut forest wood for trade pur- 
 
 5 Dec. 1670. ■' .. ^ \. . , . ^ 
 
 6 and 19 poses ; if they did so they were required to pay 4o.y. 
 13 Apru, 1*721; for the use of the poor of Loughton; and in 1724, 
 others. notwithstanding the partial admission in 44 Elizabeth of 
 1-24. ^"' the rights of owners of new tenements, the so-called 
 
 right of estovers was denied to tenants or inhabitants 
 living in houses or cottages built within the memory of 
 
WOODS AND WOOD RIGHTS. 255 
 
 man. In 1753, the order which fixed the day for cutting, Loughton 
 on the alteration of the calendar, affirmed the right not 1753!' * ^^' 
 only of tenants and under-tenants, but also of inhabitants 
 of ancient tenements within the manor, to lop in the 
 Forest ; and the rights of the latter were also clearly /d. 10 May, 
 recognized by another order made in 1773. ^^^^' 
 
 In 1 76 1 a formal presentment denied the right of z^?. 30 March, 
 certificate men to cut lopwood. These were men who, 
 by virtue of a certificate from the poor law officers of s & 9 w. 3, 
 
 , . c. 30. 
 
 another parish acknowledging that they were mhabitants 5 & ,0 w. 3, 
 of it, escaped the liability to be sent back to that parish, '^' "■ 
 so long as they did not apply for relief in the place to 
 which they had migrated. They were, in fact, persons 
 who left their legal places of settlement in search of 
 work, and some of whom probably resorted to the Forest 
 in Loughton, for the purpose of lopping in the character 
 of inhabitants. 
 
 Another check on the cutting was attempted to be 
 enforced in the 17th year of Charles I., and was the 
 subject of many orders and presentments down to the 
 year 1828. It was stated that by the custom of the LougWon 
 manor the tenants were at liberty to lop the common s jniy, 1642 ; 
 wood only one day in the week, which was ordered to be 19 jan! 1657 • 
 Monday; and only by one man, and enough for one 12 Apr. 1699; 
 chimney ; but the number of orders made upon this Ld inany ^'^ ' 
 subject shows that they were not obeyed, and the living ° 
 witnesses declared before the Epping Forest Commis- 
 sioners that no such restriction was attempted to be 
 enforced in their time. In connection with this it was s July, 1642. 
 also ordered by the Manor Court that the wood cut 
 on the day fixed should be carried away to the dwellings 
 of the tenants before any more was cut. 
 
256 ^ THE FOREST OF ESSEK. 
 
 Such regulations are exactly what we might expect 
 
 to find in a district in which the ancient rights of common 
 
 were exercised, whether they were made by the ancient 
 
 commoners themselves, or, as in the case before us, by 
 
 the lord of the manor and his court. The circumstances 
 
 under which they were made are precisely those described 
 
 by De Laveleye, in his chapter on the Swiss Allmends. 
 
 De la Pro- " When " (he says) " the population was small, relatively 
 
 p. 280. to the territory of which it disposed, it was not necessary 
 
 to make rules. Each cut wood in the Forest according 
 
 to his need, and pastured on the Alps all the cattle which 
 
 he possessed. It is only later, when the number of 
 
 coparceners becomes too large for an unlimited use, that 
 
 the rules come in, and they are only made in order to 
 
 preserve the ancient customs. These rules become 
 
 more precise and severe, as the wants of the community 
 
 increase." 
 
 id.zoe. The prohibition in the Swiss communities against 
 
 the sale of the wood of the communal forests out of the 
 
 commune, also has its counterpart in the Loughton rule, 
 
 that the lopwood was for the use and consumption of the 
 
 Loughton inhabitants ; and although one inhabitant might cut for 
 
 1596!' ' another, and might receive payment for so doing, it was 
 
 E^dence of Well Understood that the loppings were not to be sold 
 
 j.'spiceA' out of the Forest. This was observed until almost all 
 
 li^tziSept. the Forest regulations fell into disuse. 
 
 1570 ; II Dec. 
 1596 ; 23 Mar. 
 
 legg^lnd ^' Another likeness may be found between the exercise 
 
 others. ^f ^j^g Loughton right, and that of other ancient common 
 
 rights in England. The custom of the people to turn 
 
 out in numbers and begin their lopping immediately 
 
 after midnight on the eve of All Saints' day, and the 
 
WOODS AND WOOD RIGHTS. z^-j 
 
 tradition that the continuance of the right depended 
 upon their doing so, could have no connection with a 
 manorial right of estovers; but it has a strong family 
 resemblance to the custom which prevailed after the 
 gathering in of the harvest on the Lammas lands, when De Laveieye, 
 the people — often inhabitant householders — came forth, p. 125. 
 in what Sir H. Maine calls a sort of legalized tumultuary com. 86. 
 assembly, and threw down the temporary fences of the inci." 1844 °'"' 
 meadows. ' ^^°'*' 
 
 The time for lopping in Loughton being in the 
 winter, there was no interference with the fence month, 
 upon the observance of which, when there was no custom 
 to the contrary, the Forest officers insisted as strictly in 
 wood-cutting as in other respects : the infliction of fines Exch. Xreas. 
 
 Ill— /-I r -I • 1 • i'i of Rect. PI. 
 
 by the Forest Court for loppmg and carrymg wood m the For. 17 Ed. 2, 
 fence month in the hundred of Ongar and in Loughton, inquisition, 
 being recorded so far back as the 14th century. 1365. ' 
 
 But in the Hainault division of the Forest we find a 
 group of adjoining parishes, in which, according to the 
 claims of 1670 (the testimony of which is not affected by 
 any presentments on the Forest rolls), there was a cus- 
 tom of lopping in the very middle of the fence month. 
 These were the parishes of Barking, Dagenham, and 
 Stapleford Abbots, in which the owners of many mes- 
 suages with land, and of the manors of Wangey and 
 Markes, claimed fuel under the name of estovers, to be 
 taken only of trees in the walk of East and West Hain- 
 ault ; or, as some of the claims have it, in Hainault and 
 Chappie Hainault; yearly to be assigned by the ministers 
 of the Forest or the keepers of the walk at the Feasts of 
 F. s 
 
258 THE FOREST OF ESSEX. 
 
 the Nativity and of St. John the Baptist ; and in the claim 
 of Carew Hervey or Mildmay, lord of the manor of 
 Markes in Barking and Dagenham, it is said that such 
 estovers were commonly called " A Christmas block and 
 a Midsummer bough." An exactly parallel case is to 
 Cod. Dipi. be found in a grant by Ethelwulf of Wessex, in 839, of 
 Cart.sax.426. freewood, according to ancient custom and ordinance, to 
 be taken in summer "in the common wood, which we 
 Saxons call ' gemennisse.^ " It is certain that such a 
 right could not have originated in a Royal Forest after 
 the introduction of the fence month, and that this right 
 in Hainault must have arisen before the district became 
 subject to Forest law. 
 
 The rights of cutting wood on the wastes of the 
 
 manor of Wimbledon, in Surrey, were of the same nature 
 
 ^y|°'j'^^'^^- as those in the Forest of Essex. According to a survey 
 
 Surrey, p. 519. made in 1 61 2, there were 500 acres of wood in the 
 
 manor; and the regulations concerning the rights of 
 
 lopping strongly resemble those made in Loughton. 
 
 See the pro- The couttty of Surrey, part of the Forest of Windsor 
 
 ceedmgs set , , 
 
 out in Man- in the reign of Henry III., was disafforested in the reien 
 
 v/ood, ch. 20. ° 
 
 of Edward III. ; but the lopping rights, notwithstanding 
 the loss of the protection afforded by the Forest laws, 
 appear to have subsisted for more than 250 years later, 
 and were at last destroyed by the felling of the trees. 
 Extracts from The common woods in Putney and Roehampton were 
 
 ■Wimbledon '^ 
 
 Court Rolls, cut down about 1601, and there are very few entries in 
 
 Ed. P. H. 
 
 Lawrence,' the rolls respecting the cutting of wood after the reien 
 P-390. ° ^ 
 
 of James 1. 
 
 ifJoiXoh' ^^ Wimbledon the customary tenants holding a 
 
WOODS AND WOOD RIGHTS. 259 
 
 virgate of land were said to be entitled to common "7, 123, 163, 
 
 107, 207. 
 
 rights, each having a certain quantity for every virgate — 
 which he occupied, though it seems that the free tenants 91, 107. 
 also claimed the right. As in Loughton, the cottager 
 was a special .object of attention. In the reign of James I. 
 he was forbidden under a penalty to carry his estovers ^d. p. rgr. 
 from the common otherwise than on his back. But in 1 649 Survey of 
 
 ,,,-,.,. , Manor, 1649. 
 
 it was declared, that the right of every cottager who was 
 a copyholder, was to have once a year one cartload of 
 crop wood from off the pollards of the commons. 
 
 Inhabitants and under-tenants, also called "under- Exeracts, 
 sets" or " inmates," are mentioned in the same manner 95' Jbs- '' ^' 
 as in Loughton. The height at which the trees might ' ^^' '^' ^^' 
 be cut was fixed at five, and later at nine, feet. The id. pp. 47, 79, 
 wood was not to be carried out of the manor, or used for ^^' '°^' 
 trade purposes. The trunks of the trees might not be id. pp. 122, 
 
 cut, nor .the *' spraye " left on the common, contrary '^''' 
 
 to the rule in Waltham Forest, where the Forest officers temf. Edw. 6. 
 
 required that it should be left for the use of the deer ; 
 
 but the Wimbledon rule was made long after the removal Td. pp. gr, 99, 
 
 A • • • 1 r 1 • r '27> '4°' 2°'' 
 
 of the deer. At various times in and after the reign of ■ — 
 
 , . ,,,. . Id. pp. i6r, 
 
 Edward VI. the cutting was suspended during certain 179, 186. 
 periods ; and persons were appointed at one time to cut 
 the wood for the commoners, and afterwards to give 
 them directions as to the places from which it was to be 
 taken : a regulation which would have prepared the way 
 for setting aside permanent fuel assignments, like those 
 in Epping Forest, which I am about to describe. 
 
 Besides the Loughton and Hainault customs already 
 mentioned, there were at the time of the disafiforestations, 
 
 s 2 
 
26o THE FOREST OF ESSEX. 
 
 both of the Epping and Hainault divisions of the Forest, 
 many private rights of lopping in the wastes in certain 
 parishes. These were known as fuel assignments, and 
 later merely as " assignments." In Epping Forest they 
 existed in Waltham, Sewardstone, and Upshire, and they 
 were once attached to ancient messuages, and the lands 
 held with them. They doubtless represented ancient 
 rights of lopping, to satisfy which the wood within 
 certain districts had been assigned; the assignments 
 having at first been temporary, and afterwards per- 
 manent. 
 
 Evidence of the existence of the ancient rights, for 
 which these assignments were substituted, is to be found 
 ^•For-Proc. in the claims made in 1630 by the men and customary 
 6 Car. I. tenants of the hamlet of Sewardstone, part of the manor 
 of Sewardstone ; and in 1 670 by the men and inhabitants, 
 both free and customary, in the same manor, and the 
 customary tenants of the hamlet of Upshire, parcel of 
 the manor of Waltham, of rights of estovers to be 
 assigned by the ministers of the Forest; the Seward- 
 stone claim of 1670 specifying, that the right, like that 
 which prevailed in Loughton, was to cut from the Feast 
 of All Saints to that of St. George ; and that the wood 
 was to be carried away on a sled, with two horses for 
 each turn only. 
 
 In the 19th century, we find these or similar rights 
 
 enjoyed in Waltham, Sewardstone, and Upshire, in the 
 
 isth Rep. of form of permanent assignments ; those in Sewardstone 
 
 1793, App.' being known to have been created by agreement between 
 
 No 12 •/ <j 
 
 the lord of the manor and the owners of ancient copyhold 
 tenements, in lieu of the right of the tenants to take fuel 
 from the waste woods of the manor. 
 
WOODS AND WOOD RIGHTS. 261 
 
 In Waltham Holy Cross, including Upshire, there 
 were 32, and in Sewardstone orig-inally 33, of such 15th Rep. of 
 
 , L, R, Com. 
 
 assignments ; each being marked and distinguished by 1793, No. 12. 
 one or more letters on the parish map. 1878,'sche'd.r. 
 
 The Hainault assignments were identified in the 
 same manner. There were 34 of them in Barking, and is* Rep. of 
 
 . L. R. Com. 
 
 39 m Dagenham, each containing 5 loads or 500 of 1793, No. 10, 
 fs-g'gots, cut only from the loppings of pollard trees ; of e. f. Arbitm. 
 which an immense number were cut down after the 
 disafforestation. 
 
 The assignments in this part of the Forest had not 
 at that period, like the assignments in Epping, become 
 absolutely permanent. So late as the year 1829, they Attachment 
 
 1 . T\ 1 . 1 /-111 1 Rolls, 28 Apr. 
 
 were made yearly in Barking, on or about Candlemas day, 1829. 
 
 by the delivery through the Steward of the Forest, of a 
 
 ticket bearing the distinguishing letter of the assignment. 
 
 At the time of the disafforestation, the practice was for 
 
 the Crown keepers, in the month of November, to mark e. f. Arbitn, 
 
 off the place of the assignment from which the fuel was 
 
 to be taken ; and when the faggots were set up, the 
 
 keeper checked the quantity before they were carried 
 
 away. Such an arrangement evidently tended towards 
 
 the adoption of permanent assignments. These were 
 
 said to have come into use in the Epping division to id. 
 
 save the expense of marking off the assignments every 
 
 year ; and it was doubtless under similar circumstances, 
 
 that the once temporary allotments In open fields and 
 
 Lammas lands became permanent. 
 
 The fuel assignments were not inclosed ; their ^d- chailes 
 
 ° ' . Hatherill, 
 
 boundaries were roughly shown by marks cut or painted a. Ruddock. 
 on the trees, and sometimes by posts. The loppings 
 
2 62 THE FOREST OF ESSEX. 
 
 originally were not allowed to be sold ; and in a notice 
 issued by the Court of Attachments in 1787 it was said 
 that great damage was done to the Forest by the sale of 
 assignments to strangers, who cut wood under pretence 
 E. F. Arbitn. of the assignments contrary to ancient usage. But in 
 153 ; ' later times the assignments were dealt with by the owners 
 
 Salmon, 579. . , - - 
 
 at their pleasure. They were let for terms of years, 
 annexed to any property, or held, sold, and conveyed 
 
 H.j.Hatheiiu, Separately ; and though originally granted only for fuel 
 ■ — ■ for particular houses, the produce was used for all pur- 
 
 saimon, poses, and was sold either in or out of the parish. 
 
 G. Banks. -n 1 r • • n 1 
 
 — But the manner of cuttmg was practically the same 
 
 Symondsou, . _ , ^ , . , . , . , 
 
 Barrett, as lu Loughtou. It began at midnight on the nth 
 
 Hunt, ' November, and ended on the 23rd April. The branches 
 Hj.Hatheim. of the trecs, oak, elm, hornbeam, and beech, were to be 
 Syra^on, cut at the height of six or seven feet from the ground, 
 Taylor. all that grcw ' lower being Crown property as food and 
 
 Attach^nt cover for the deer ; the trunks of the pollards belonged 
 S°5j. '^•^™'' to the lord of the manor ;i and it was forbidden to head 
 ijthR^ of spear oaks and crabs, and to lop bushes ; the transgressor 
 ^79^"no°'"io. against this rule being liable to have his assignment 
 Attacwnt Suspended for three years. 
 
 f6°3';''c^mb: ^^ Hainault the assignments were set out at Candle- 
 
 Ms. fo. 27. i^as (Feast of the Purification) ; the Christmas wood was 
 to be carried away before that day, and the livery wood, 
 free wood, and spray by the ist June, on pain of for- 
 feiture. Afterwards the general rule was to make the 
 assignments before the 29th January, and to cut and 
 
 ^ They were sometimes taken by the owners of the assignments ; 
 but this was one of the results of the general anarchy which prevailed 
 in the Forest. 
 
WOODS AND WOOD RIGHTS. 263 
 
 carry them away between the ist of February and the Notices by 
 
 5 th April. Attachments, 
 
 ^ 18 June, 1787, 
 
 and by 
 rr-ii . . 1 Steward, 
 
 1 here was yet another kind of wood right m the circa 18 12. 
 form of so many cartloads, or other fixed quantity of 
 wood out of the Forest. Grants of such rights, attached SeeCod.Dipi. 
 to certain estates, were common in the Weald of Kent 292! cirt. 
 and other forest districts, and may be traced back as far 
 as the 9th century. So far as can be judged from the 
 claims, they were not very common in the Forest of 
 Essex. Claims were made in 1630 and 1670 by the 1630, No. 70. 
 
 •' 1670, No. 66. 
 
 owners of the manor or farm of Pyenest in Waltham (a 
 
 former owner of which was found in 1632 to have sold Xreas.ofRect. 
 
 ■^ Misc. For. 
 
 little oaks and underwood to the value of 4012^.) of 10 i^oHs. b. 153, 
 
 . R0U37. 
 
 cartloads of wood and underwood for fuel, in Waltham 
 Great wood, by view and livery of the Ministers of the 
 Forest ; besides the ordinary right of pollarding. These 
 rights were probably represented by one of the assign- 
 ments already mentioned, which was held with Pyenest 
 Farm. 
 
 There was also a custom in Halnault Forest, that 14 ^ 'S Vict. 
 
 . , c. 43, 
 
 every poor widow in Barking and Dagenham within the e. f. Arbitn. 
 
 • • I'lTrii 111 Evidence of 
 
 Forest, not receiving parochial relief, and whose husband a. Saviu. 
 had been dead for one year, should have one load of 
 wood yearly on Easter Monday, from the King's Forest 
 or King's woods; or in lieu of it 8^. in money, to those 
 who could not procure a team to carry the wood on that 
 day. 
 
 I have found no document which throws light upon 
 the history of this custom ; but grants of logs and dead 
 
264 THE FOREST OF ESSEX. 
 
 trees to widows are recorded in the rolls of the Court of 
 
 Attachments in 1718, 17 19, and 1720. It may possibly 
 
 have been the remnant of a custom analogous to that 
 
 De Laveieye, which, it is Said, Still prevails in the canton of Glaris, in 
 
 De la Pro- . . . 
 
 priete, p. 288. Switzerland, by which the rights of deceased members of 
 the community are continued to their widows. 
 
 The rights of lopping in the Forest of Essex have 
 been thus minutely examined, because it is only by 
 studying them that we can understand their connection 
 with the right of common of pasture, which was, and still 
 is, exercised over the great waste of the Forest, and the 
 light which they throw upon its nature and origin. 
 
 The consideration of that right and of the right of 
 pannage, will form the subject of the next chapter. 
 
( 265 ) 
 
 CHAPTER VI. 
 The Pasture and Pannage Rights. 
 
 "Wee saye and p'sent, that time out of mind, all persons Inhabiting 
 " wthin the Forest of Waltham, which have right of Comoning bye theire 
 " lands messuages or tenements, have had comon of pasture upon the 
 " said Forrest and Wast Soyle with all Comonable Cattell,"' 
 
 I HIS presentment, made by the Regarders of the 
 Forest at the Swainmote of 1630, may be con- 
 sidered to have been the charter of the Forest com- 
 moners, until their rights were more exactly defined by 
 the decree pronounced by Sir George Jessel in 1874. 
 
 The existence of rights of pasture in woods in 
 England as early as the 8th century, is shown by the 
 record of a synod held at Clofeshoas,^ a.d. 825, at which cod. Dipi. 
 there was a discussion about a forest pasture at Sutton, CMtf s^. 
 in Worcestershire, where the swainreeve had driven the "' ^ ' 
 pasture and the wood, which was alleged to be subject 
 to ancient right ; and reference was made to a decree 
 about the same matter in the time of Ethelbald, who 
 reigned in Mercia between 716 and 757. 
 
 ' Regard Roll, 14th September, 1630, Chancery Forest Proceedings, 
 6 Car. I. 
 
 ' Commonly supposed to be Abingdon. See Pearson's Historical 
 Maps of England, ed. 2, p. 39. 
 
266 THE FOREST OF ESSEX. 
 
 SeeCod.Dipi. In ancicnt charters, also, we read of pasture for 
 
 Nos. 86, 179, . . 
 
 198, 281, 420, sheep, for swine, and for all kinds of animals, in common 
 
 432, 1003, ■^ , 
 
 1041. woods, marshes, and other places ; of plam and wood to 
 
 Cart. Sax. , 
 
 160, 407, 496. be enjoyed in common pasture, and often of rights of 
 feeding for a fixed number of swine or cattle. 
 
 At the remote period to which these rights have 
 been traced back it is probable that almost all the culti- 
 vated lands in England, except parts of the lords' 
 demesne lands and of the assarted lands, were held by 
 
 Seebohm, Communities, which for some time before the Conquest 
 
 Engl. Village , . 
 
 Communities, appear to havc been already in a state of villenage under 
 a superior lord ; the lands held by the communities being 
 managed and cultivated under arrangements, which 
 
 Lawsofine already existed in England in the 7th century, and which 
 
 (Mercia), § 42. "^ , ° •' 
 
 are not yet extmct. 
 
 The lands were divided into open fields, of which 
 several — usually three — lay together, being only separated 
 by a strip or balk of turf. Each field was divided into 
 acre or half-acre strips ; every strip in the same field, was 
 cultivated at the same time and in the same manner, and 
 was fallow in the same year ; and on a certain day — 
 usually Lammas day — the temporary fences of dead* 
 wood, which were placed round the cultivated open fields, 
 were removed, often with shouting or other ceremony ; 
 and the cattle of the owners of the strips, and in some 
 places of the other inhabitants of the vill, were allowed 
 
 ' The reader will observe the special force of the term "quick 
 hedge " in this connection as opposed to a fence made of dead wood ; 
 and the transfer of the word " quick " from the hedge to the plant of 
 Which it is formed. The right to cut wood for fences is often mentioned 
 in ancient records. 
 
PASTURE RIGHTS. 267 
 
 to pasture upon the land in common, until the following 
 3eed time, or during the year of fallow. 
 
 There was also, as we have seen, common of wood 
 in wooded districts ; there were meadows, divided like 
 the arable lands into strips or lots, and which in the same 
 manner were open to the cattle of the commoners (who 
 in some cases were the owners of the common field strips, 
 and in others the inhabitants of the parish) between hay- 
 harvest and the time when they were shut up ^ for the 
 growth of the next crop ; and there was common of pas- 
 tui-e in the uncultivated wastes, some of which, under 
 the name of lawns, appear to have been specially used 
 for the pasture of sheep. 
 
 There were several such lawns ^ in Waltham Forest. 
 
 ' We still speak of " shutting up " a field for hay ; but the old 
 meaning of fencing it round has become narrowed to the locking of 
 a gate. 
 
 * The word " lawne " was used to denote an open space in a wood. 
 
 In the romance of Ywain and Gawain, supposed by Warton to have History of 
 
 been written in the time of Edward VI, we have the lines — Poft^, vol. 3, 
 
 "A faire forest sone I found P- l°4- 
 
 « * • * 
 
 Oway I drogh me, and with that 
 I saw sone wliar a man sat, 
 On a lawnd, the fowlest wight 
 That ever yit man saw in syght." 
 
 The original meaning of the word is in danger of being lost in these 
 days of surburban villas and elaborate gardens, though in many parts 
 of the country it is still rightly used; as it was by Gray in the "Elegy," 
 and by Milton in speaking of — 
 
 "Russet lawns and fallows gray 
 Where the nibbling flocks do stray." 
 Of that which is now best known as a lawn he says — 
 " And missing thee I walk unseen 
 On the dry smooth shaven green," 
 
268 THE FOREST OF ESSEX. 
 
 Claims of Each of the vills of Leyton and Loug-hton had one, and 
 
 Toby Wood . . -^ ° 
 
 and of Tenants a right was claimed to depasture sheep upon the latter. 
 
 1630. ' There were also lawns in Stapleford Abbot and in Lam- 
 
 ma^™i67^^'^' bourn ; and one in the 17th century, called the New 
 
 LaA?me, near Chappie Hainault. The term "plain" was 
 
 used to a late period in Hainault Forest. 
 
 There were also in many, and probably in all, of the 
 Forest vills, open common fields and meadows. In the 
 grant by Edward the Confessor to the monastery of 
 Waltham, the district of Waltham and each separate 
 lordship, including Woodford and Loughton, was con- 
 veyed with all its appurtenances, '* fields, feedings, 
 meadows, woods, and waters" ; ^ a form of words which 
 may safely be assumed to refer to the agricultural 
 arrangements which I have described. 
 
 Among the lands in Waltham granted by Edward 
 VI. to Joanna Denny, and which formerly belonged to 
 the monastery of Waltham, were the Cobbfield con- 
 taining 280 acres ; Sheepcote field 244 acres; Northfield 
 1 1 2 acres ; Eastfield 200 acres ; and other smaller fields ; 
 with the Ton [town] meadow, Northmead, and other 
 open meads and fields. Of these Cobfield and the Town 
 mead, with Patty pool mead, the Runnings, Broken 
 marsh, and Chingford mead still remain. They are 
 divided, as is usual in such lands, into narrow strips, the 
 boundaries of which are marked by stones and posts; 
 
 ' The words " campis, pascuis, pratis," and others used by the old 
 school of conveyancers, and often supposed to be the fruit of their 
 love of tautology, had a very respectable pedigree of upwards of 1,000 
 years ; and each word even down to modern times, had a separate and 
 distinct meaning. 
 
PASTURE RIGHTS. 269 
 
 some of these strips are of freehold and others of copy- 
 hold tenure; and from the 12th August to the 6th April 
 in each year they are used as common pastures ; in the 
 case of the Town mead by all the ratepayers of the 
 parish, and in the case of the Cobfield and the other 
 meads by the owners of the strips of which they are 
 composed. The arable common fields called Honey Lane 
 Common, and Broomstick Hall Common, also in Waltham, 
 were inclosed in 1864.^ 
 
 As to Waltham Marsh, a long account of the contest 
 about the right of pasture over it, between the people of 
 Waltham and Simon the Abbot, in the 13th century, is 
 given by Fuller; who tells us how in 1245, the men of chuchHU- 
 Waltham came into the marsh which the Abbot and Abbey, p. 9. 
 Convent formerly enjoyed as several to themselves, killed 
 four mares worth 405. sterling and drove away the rest ; 
 how in the next year on the Thursday before Easter they 
 went to the Abbot in the name of the whole village, and 
 demanded of him to remove his mares and colts out of 
 the marsh ; how the Abbot refused, adding withal that if 
 his bailiffs had placed his cattle otherwise than they 
 ought, they might do well to have it amended ; but 
 deferred the matter till the Tuesday after Easter ; how 
 the men and women of the town then came to the gate 
 of the Abbey to receive his answer, and were told that 
 he was going into Lincolnshire, and desired them to be 
 patient until his return ; how, neither respecting his 
 spiritual holiness nor the temporal greatness of the 
 
 ' For information as to these common fields and meadows, I am 
 indebted to Mr. Hubert Gough, of Waltham Abbey, who has the 
 custody of the parish map upon which they are marked. 
 
2-jo THE FOREST OF ESSEX. 
 
 King's brother Richard, Duke of Cornwall, who was 
 present, they railed at and reviled the Abbot, drove out 
 his mares and colts, drowned three of them worth 20s., 
 spoiled ten more to the value of 10 marks, and beat the 
 keepers who resisted them, " even to the shedding of 
 bloud." 
 
 Then on the Abbot's return from his journey the 
 townsmen desired a "love day," submitted themselves, 
 and offered to pay him damage ; but the next day they 
 went with their wives and children to the King in 
 London, accusing the Abbot that he would disinherit 
 them of their right, bring up new customs, take away 
 their pastures, and eat them up to the bones. 
 
 The Abbot then excommunicated them ; whereupon 
 they impleaded him at law for appropriating their com- 
 mons ; but the Abbot, after much pleading, made his own 
 right, and the townsmen's not, to appear; who at last, 
 at the King's Bench, were glad to confess that they had 
 done evil, and were amerced 20 marks, which the Abbot 
 remitted, and assoiled them from excommunication. 
 Exch. Queen's In 1512, however, it was found by inquisition that 
 
 brancer, all the tenants and inhabitants within the manor of 
 Essex and ' Waltham had common of pasture in the Great Common 
 3&4H.'8. Marsh for their cows and geldings; and the marsh is 
 still used in common by the ratepayers of the parish 
 throughout the year, the marsh wardens being appointed 
 by the Court of the lord of the manor, who is the owner 
 of the soil. 
 
 Lyson'sEnv. Again, in Walthamstow' there were in the i8th 
 
 vol. 4, p. 204. century 350 acres of open field land, mostly pasture; 
 
PASTURE RIGHTS. 271 
 
 and 246 acres of such land in the same parish, consisting 
 
 of Higham Hills Common Field, Mark House Common Parliamentary 
 
 Papers, 
 
 Field, and Church Common Field, were inclosed about vof 24, 1846, 
 the year 1846. 
 
 The existence of common fields and of a common claim of Lady 
 
 , _ EleanorRowe, 
 
 mead m Woodford is shown by a Forest claim in 1670, Court Baron, 
 
 7 May, 1683. 
 
 and by the Court Rolls of the manor in 1683 ; and there Grant to Rob. 
 
 ,.,.._' Wrothe, li 
 
 were common meadows in the reign of James I. jas. i. cit. st. 
 
 In the 19th century there were inclosures under the jas.i,voi.202, 
 Inclosure Commissioners of 700 acres in Chigwell; 350 '^°*_l. 
 in Chingford; 534 in Epping; 360 in Leyton ; 166 in inciosuresin 
 Holyfield and Upshire, hamlets of Waltham ; 667 in i March, 
 Wanstead, and 396 in Woodford ; and as all the open patnkmentary 
 wastes in those parishes and hamlets were forest wastes 1848^1^0. 3^25^ 
 subject to the Crown rights, and (with the exception of P' ^^' 
 the unlawful inclosures) still remained open at the time 
 of the recent litigation, the lands so dealt with by the 
 Inclosure Commissioners must have been common field 
 and meadow lands. 
 
 There were also large common fields and meadows 
 in Nazing and Roydon, which were inclosed in 1854 
 and 1855, and of the rights over which we have full 
 particulars. So much of them as lay in Nazing and 
 the hamlet of Roydon were within the Forest ; but other 
 parts in the parish proper of Roydon were beyond it. The 
 arable field called Stoneshot Common Field, and the 
 meadow land called Nazing Mead, lay partly in one and 
 partly in the other of the two parishes, and were not part 
 of the waste of any manor. Stoneshot Field, containing Driver's Rep. 
 more than 130 acres, with several other smaller common and °^' ' ^'^' 
 
272 THE FOREST OF ESSEX. 
 
 WethereU's fields in Roydon, were in the harvest years stocked with 
 Corami°- "^ ' cattle by the occupiers of the parishes from the gathering 
 isjme, 1855. in of the harvest till seed-sowing (6th November to 
 13th February), and also during the whole of the fallow 
 year. In Nazing Mead, which contained more than 
 260 acres, the part owners mowed their strips of land, 
 holding them in severalty from 14th February (Old 
 Candlemas) to 13th August (Old Lammas); from which 
 time the same commoners who stocked Stoneshot Field, 
 also stocked the mead with cows till 12th November 
 (Old All Saints) ; being the same day upon which the 
 wood-cutting began in Loughton on the Waltham assign- 
 ments, and in other Forest vills; and then with sheep till 
 14th February. 
 
 Another tract of land called Nazing Marsh was sub- 
 ject to 669 cowleazes, i.e., rights of cow pasture (A. S. 
 "Iseswe"^), some of them belonging to the persons who 
 stocked the other commons. These cowleazes gave 
 rights of pasture from the 13th May (Old St. Philip) to 
 6th July (Old Midsummer Day, the "Nativity"); after 
 which the same commoners who stocked the field and the 
 mead (except the tenants of the three manor farms) turned 
 in their cattle till nth or 13th January (the old day of 
 the Circumcision). From that time the owners had ex- 
 clusive possession until May. The Forest Reeve had no 
 jurisdiction over any of these lands, and they were not 
 affected by the fence month. In the two parishes there 
 were also various pieces of uncultivated pasture upon 
 
 Cod. Dipl. ' Hence leasowe among the general words in old conveyances. 
 
 No. 86. Grants of feed for a fixed number of cattle were in use among the 
 
 Anglo-Saxons as far back as the 8th century. 
 
PASTURE RIGHTS. 273 
 
 which the same commoners and the copyhold tenants of 
 the manors had ordinary rights of common for cattle 
 levant and couchant,* except during the fence month, or R. c. Driver's 
 (as in the case of Broadley Common) a stinted right of June, 1855. 
 pasture. These pieces were no doubt originally con- 
 tinuous with the great Forest wastes, but had become 
 separated by inclosures ; for Nazing parish and Roydon 
 hamlet were within the bounds of the Forest as settled 
 in 1641 ; and the fact that each of them had its Forest 5«2>ra, p. 179. 
 Reeve and Fourmen, and a Forest cattle mark, shows Roik, ™™ 
 conclusively, that these like the other Forest vills, had I9 Aug.'irgg. 
 pasture rights over the great Forest waste. 
 
 These two parishes, therefore, had their own agri- 
 cultural system : the large arable field and some smaller 
 fields for corn ; the great mead for hay ; both for common 
 after harvest and during winter : for summer pasture the 
 669 cowleazes on the marsh (this number having been 
 probably fixed at some time when it was found necessary 
 or desirable to prevent any further increase of the com- 
 moners) ; and in addition, the right of pasture upon the 
 uncultivated Forest waste. 
 
 Nazing Wood was originally inclosed in 1229 by the Piac. For. 
 Abbot and Canons of Waltham Abbey Cross under a charter of ' 
 licence granted by Henry III., with a little ditch and a Waitham. 
 low hedge, so that the wild beasts might go in and out ; 
 
 ' The meaning of this phrase is, that the right of the commoner 
 ■was.limited to such cattle as were rising up and lying down upon the 
 land which gave him the right of common. According to legal inter- 
 pretation, it denotes the number of cattle which that land would 
 ■maintain during the winter months. 
 
 F. T 
 
274 THE FOREST OF ESSEX. 
 
 and when, in 1285, Edward I. allowed them to make it 
 into a park with a deep ditch and a high hedge, it was 
 Ch. inq. post ascertained by an inquisition that it was then subject only 
 13 Ed. I. to the rights of common of Sir Robert Fitzwalter, the 
 lessee of the Abbot, and of the tenants of Nazing who 
 were his villeins, and who no doubt were the representa- 
 tives of the ancient community. 
 
 We have, therefore, all the circumstances necessary 
 to account for the origin in the Forest of Essex, inde- 
 pendently of the Forest laws, of the general right of 
 common over the wastes. 
 
 We find one belt of vills, bordering upon and sur- 
 rounding the great waste of the Epping division of the 
 Forest; each vill using its own common woods, and turn- 
 ing its cattle upon its own open fields and meadows after 
 harvest : and another belt of vills similarly placed as to 
 the Hainault waste ; and, if we may believe the evidence 
 of the claims, lopping in the Forests during the forbidden 
 month. The people of these vills must have used the 
 wastes which adjoined their lands for pasturing their 
 cattle during the summer ; and even if the share of each 
 vill in these wastes had been fixed, which is very un- 
 likely, it is certain that the boundaries would not be 
 fenced. 
 
 Each vill would naturally appoint a Reeve to look 
 after the cattle of its own people ; and the result, with the 
 slight modifications caused by the introduction of the 
 Forest laws which will presently be described, would be 
 precisely the state of things which, under the protection 
 of those laws, continued to our own time. 
 
JfeUcsviell 
 
 The aacient. Vills and 
 Hio wastes roniaiiiing iii 
 
 1774. 
 
 SbtO/hid 
 Ic Bow 
 
 m 
 
 Tn face page Zl'l: 
 
Anc-ieTit' Vills and Remiiiiis i>r 
 llJTcnf coinmoii Pdsfurcin 
 
 A'riitti ('<u\''':Ada-s, 
 
 1807. 
 
PASTURE RIGHTS. 275 
 
 It is observed by Nasse, and the writers whom he Nasse, Agi. 
 
 •' ' Community 
 
 Cites, that Kemble was unable to prove the former exist- of Mid. Ages, 
 ence in Eng-land of the ancient Teutonic association seeicembie's 
 
 ° A.-S. ch. 2. 
 
 called The Mark : and that there is but one English 
 document, and that of doubtful authenticity, which ex- Cod. cipi. 
 pressly states that several villae and villatae had a share p. 179° voi. 3, 
 in the common pasture. This document refers to the CMt° Sax. 
 ^^ ymene morlese" {Anglicl common moor pasture) of the °" ^" 
 vill of Ewelme, in a meadow with the three other vills of 
 Somerforde, Pole, and Kemele. 
 
 There is, however, the case of the pasture in the 
 hundred of Colneis, in Suffolk, which was common to all 
 the men of the hundred.* This pasture must have formed 
 the central part of the hundred. A belt of vills of Anglo- 
 Saxon date, all mentioned in Domesday, lie around the 
 sides of it, which are bounded by the river and the sea, 
 and surround the centre, just as the Waltham vills sur- 
 round the Forest pasture. Whether and to what extent 
 the communities which shared these common pastures in 
 Suffolk and Essex were under a common government we 
 have now no means of knowing ; for such jurisdictions See De 
 have long since been merged in the manorial courts, and ^Tiil^' 
 even in the parish vestries, as the nomination of the 
 Forest Reeves by the latter, may serve to remind us. But 
 it is worth while to call attention to the fact, that the use 
 in the district of the word "mark" is not confined to 
 
 ' "In hundret de Colenes est quedam pastura comunis omnibus Domesd. Suff. 
 hominibus de Hundret." fo- 339^. 
 
 " Men " was equivalent to tenants. " Pro se . . . et hominibus, Hund° Rolls 
 sive tenentibus suis," &c. vol. 2, p. 197. 
 
 Cod. Dipl. 
 
 T 2 No. 420. 
 
276 THE FOREST OF ESSEX. 
 
 boundaries ; it also occurs in the name of the manor of 
 Markes, in Hainault, which lies partly in and partly be- 
 yond the Forest ; and the Markhouse Common field was 
 the name of an open field in Walthamstow. Parts of 
 Cod. Dipi. the boundaries of Upminster and of Lambhythe, in the 
 Confessor's grant to Waltham, and of the Royal Forest 
 in Hainault, were Markdykes ; and these last were 
 perhaps only used in the simple sense of boundary marks. 
 But something beyond a physical boundary is suggested 
 by the description in two places of the limits of the estate, 
 as running along the mark — andlang mearce. 
 
 I have not met with any records which mention the 
 right of pasture in the Forest of Essex, either during the 
 Anglo-Saxon period or for many years after the Con- 
 quest. But evidence of its existence may be found in 
 the numerous gates or hatches, traces of which have been 
 preserved in records and old maps, and sometimes in the 
 names of places. These were particularly numerous in 
 and around the ancient Forest district. They were used 
 to prevent the cattle which pastured on the Forest wastes 
 from straying on to the roads. Of those mentioned in 
 the note^ the nine which are printed in italics were 
 
 ' Becontree hundred. Waltham hundred. 
 
 Abney hatch. ' Chingford hatch. 
 
 Albright hatch. Epping hatch. 
 
 Alderman's hatch. Freeman's hatch. 
 
 Kin^s hatch. Ongar hundred. 
 Fulwell hatch. ^ffa's hatch. 
 
 Mark hatch. Kelvedon hatch. 
 
 Potter's hatch. Newport hatch. 
 
 Suflfeilde hatch. Old hatch. 
 
PASTURE RIGHTS. 277 
 
 boundary marks of the lands given by Edward the Con- Cod. Dipi. 
 fessor to the monastery of Waltham in 1062 ; and may 
 be taken to show the existence at that time of a right of 
 pasture over the wastes, protected by regulations made 
 either by the authority of the communities which owned 
 the cattle, or by the officers of the Forest, if it was then 
 established as a Royal Forest.* 
 
 The laws attributed to Canute, state that oxen, §xxvii. 
 cows, and the like were within the Forest, and under the 
 care of its officers, though they did not belong to it ; a 
 phrase which exactly describes the position of the com- 
 moners' cattle through the succeeding centuries. 
 
 These laws do not mention the fence month, which 
 was probably introduced into the English Forests during 
 the Norman period, and which materially affected the 
 rights of the Forest commoners. Its object was to 
 preserve the deer from disturbance in fawning time, but 
 originally it does not appear to have compelled the exclu- 
 sion from the Forest of the ordinary commonable cattle. 
 
 Ongar hundred — conid. Chelmsford hundred. 
 
 Stanway hatch. Oldwood hatch. 
 
 Ward hatch. Barstaple hundred. 
 
 West hatch. Fox hatch. 
 
 ChafTord hundred. Lexden hundred. 
 
 Pilgrim's hatch. Kingswood hatch (Colchester). 
 
 How hatch. Uncertain. 
 
 ^Isige's hatch. 
 ' Orders for the repair of some of the Forest gates were made by 
 the Court of Attachments in 1717, 1750, and 1751. Complaints of 
 their bad state of repair were made to the Commissioners of Woods 
 and Forests in 1839 ; and it was proved before the Epping Forest 
 Commissioners that they had been allowed to decay, and were gone. 
 
2 7 8 THE FOREST OF ESSEX. 
 
 wiiiins'Leg. The law of Richard I. provided that no cart should 
 
 Coy ?CI-2 
 
 leave the highway in the King's Forest; and that there 
 should be no swine there in the time of fawning (Foinesun, 
 ¥r./ao7i), i.e. during fifteen days before and fifteen days 
 after the Nativity of St. John the Baptist (Old Mid- 
 summer day). It was at the beginning of the first of 
 these fifteen days that the third Swainmote was ordered 
 § 8. by the Charter of the Forest to be held, " pro feonatione 
 
 bestiarum nostrarum." 
 
 Skene's The prohibition in Sir John Skene's Code includes 
 
 MafesStem, both men and cattle, and contains some curious regu- 
 
 cap"^.". ^^^' lations : "It is defended and forbidden that anie man 
 
 Ang?-Noim! ' dweland within the wood, or anie other sail enter within 
 
 vol. 2, p. 563. ^j^g close or hanite parts of the Wood, with their beasts 
 
 or cattell ; except they have licence fra the Forester,^ 
 
 be fifteen days before the feast of Saint John the Baptist, 
 
 and be fifteen days after the said feast, under the paine 
 
 and vnlaw of aucht kye (cows). And after that time is 
 
 by past, the aucht kye sail nocht be payed : except the 
 
 beasts be found be the keiper of the Forest with ane 
 
 present keiper, haueand fire, ane home, or ane hound. 
 
 Or gif they be found in the Forest in time of nicht lyand, 
 
 haueand ane home, or ane hound, quhilk is called 
 
 Warset : in that case lauchfall witnes being brocht, aucht 
 
 kye sal be payed." The meaning seems to be, that a 
 
 keeper or shepherd with any of these things, might be 
 
 ' Houard in his translation has mistaken the sense. He makes it 
 
 appear that permission to enter the Forests could be given only during 
 
 Diet, de la the fence month — " permission qui ne peut etre accordee que pour 
 
 Coutume de un mois," &c. — whereas it was only during that time that permission 
 
 Forets! ' was necessary. 
 
PASTURE RIGHTS. 279 
 
 supposed, because he had fire, to be camping out in the 
 
 Forest ; to be making a noise with his horn to summon 
 
 his cattle, by which the deer would be scared; or to 
 
 intend to chase the deer. In the same manner it was 
 
 forbidden by the English Forest law to any person 
 
 to follow the cattle while depasturing on the waste, 
 
 which was called " Staff herding ; " because it prevented sirw. jones' 
 
 the deer from feeding with the cattle, which were driven 
 
 into the best grounds, so that the deer only got their 
 
 leavings. There was a complaint of it in Waltham 
 
 Forest in 1344, against one Nicholas Hyndman, of i8Ed. s.Pre- 
 
 Barking ; who (say the jurors) depastures his beasts by inquisition. 
 
 night in Munchenfricht within the covert of the Forest, 
 
 and is accustomed at day break and also at other times 
 
 by shouting, to drive his same beasts ; chasing away the 
 
 wild animals of the lord the King by his clamour out 
 
 of the Forest. 
 
 The consequence of this regulation of course was, 
 that the beasts strayed to all parts of the Forest, and 
 the general practice of feeding over all the wastes was a 
 necessary result. But the Forest gates, of which such 
 early evidence is extant, prevented the cattle from 
 straying into the lanes and roads ; and as each beast 
 bore the mark of its own parish, the Reeves could and 
 did inform one another of the presence in their parishes, 
 of cattle which had strayed from a distance, so that the 
 owners had little difficulty in finding them. 
 
 The fence month is generally called the " forbidden excH. Xreas. 
 month" in the records of the Forest of Essex, in the For. 20 Ed." i; 
 13th and 14th centuries. Master John de Lucca, Canon 
 
28o THE FOREST OF ESSEX. 
 
 of St. Paul's, London, amongst other persons, was pre- 
 sented in 1292 for entering the Forest in that month, and 
 cutting wood and furze ; and Master John was fined 205, 
 for his trespass. 
 
 In and after the 17 th century the notices of the fence 
 month are very common, though the commoners do not 
 Ch. For.Proc. appear to have always submitted quietly to it ; for it was 
 Inquiries, found in 1630 that " the Forresters have given warning 
 att the churches for the Comoners to forbeare to disturbe 
 the deare w*'' there dogges and hogges in the fence 
 month; and that the Comoners have then continued there 
 cattell, both in the playnes and coverte of the Forest as 
 at other tymes." 
 
 During the continuance of the fence month the right 
 of common of pasture in the Forests was entirely sus- 
 pended;^ the commoners' cattle were driven from the 
 wastes, and no strangers were allowed to enter the Forest 
 without the licence of the Forest ministers.^ 
 
 The Norman kings, by means of their Forest regu- 
 lations, and apart from any title to the soil, had in fact 
 assumed an almost absolute control over the afforested 
 districts. The vert, as a general rule, might not be 
 touched ; the deer were the deer, and the pasture was 
 called the pasture, of " the lord the King." The cattle 
 of the commoners were driven off during the fence 
 
 ^ The decree of Sir George Jessel in The Commissioners of Sewers v. 
 Glasse, provides for the fence month, by declaring that the right of the 
 commoners was exerciseable according to the assize and customs of 
 the Forest. 
 
 ' In the New Forest there is also a time of suspension, from 22nd 
 November to 4th May, called the " winter heyning." 
 
PASTURE RIGHTS. 281 
 
 month ; and at other times were branded with a mark, of 
 which a Crown formed part, by Reeves, who were sworn 
 in at the Forest Courts, and became Forest officers. It 
 is not surprising that under such circumstances the 
 nature of the ancient rights of pasture on the Forest 
 wastes should be forgotten, and that the commoners' 
 rights should be treated by the Forest officers as alto- 
 gether subordinate to those of the Crown. It was even Rep. of New 
 asserted by modern Crown lawyers, that the King had waiti^For. 
 absolute power over them, by virtue of his right to keep opiS'on'of 
 upon the Forest as many deer as would consume the fid'sif v"^"^ 
 whole pasture. But the law, as stated by Manwood, was '^^^ '^''^'^ 
 only that the commoners might put on such a number of ^^- ^4- 
 beasts that the wild beasts might have sufficient feed ; 
 and that upon complaint by the Forest officers of a sur- 
 charge, an inquiry should be made ; and so many beasts 
 should be apportioned to each commoner as he might 
 reasonably keep, after due provision had been made for 
 the deer. 
 
 Nor has any record been found of an attempt by the 
 Crown officers to interfere with the cattle depasturing 
 in Waltham Forest, except in cases of surcharge by 
 strangers or by uncommonable cattle. James I., who 
 stringently enforced the Forest laws, warned persons not Proclamation, 
 entitled to rights of common, i. e. inmates, servants, and camb.MS. ' 
 strangers inhabiting out of the bounds of the Forest, to Directions for 
 take their cattle out of the wastes ; and those who had thamForest,' 
 rights of common to forbear to surcharge the wastes. " ' " 
 And when, in 1 6 1 5, he found it necessary to take measures 
 for preventing the entire loss of the deer by reason of the 
 great frost and snow of the previous winter, he did not 
 
282 THE FOREST OF ESSEX. 
 
 Proclamation, attempt to interfere with the cattle of the commoners, 
 
 i6 Sept. 1615. ^ ' 
 
 but only directed that there should be no surcharge or 
 wronging of the grounds, and (perhaps referring only to 
 the King's woods) suspended the pannage for swine. 
 
 The pasture commoners did not, like the wood com- 
 moners, merely exercise their rights on sufferance, but 
 were protected in doing so by the Forest laws; which made 
 Charge of c. J. it part of the duty of the Regarders, and of the Grand 
 
 inWalthara ^ ... r 1 • 
 
 Forest, 1634, Jury, to mquire whether any Forest officer for his own 
 
 § 84. Camb. , 
 
 MS. fo. 24, gam had suffered those who were not commoners to put 
 their cattle into the Forest ; had taken gifts or rewards 
 to suffer strange cattle to take their common there ; or 
 had permitted men to surcharge the commons to the 
 prejudice of the deer or the injury of the commoners. 
 And while all other claims to exercise rights in a Royal 
 . Forest must have been made and allowed at the Justice 
 
 Rep^9i°°^^' Seat, it was admitted that no such allowance was neces- 
 sary by the Forest law for the right of common of pasture; 
 although the exception was said to arise from the circum- 
 stance that it was a matter of common right, because the 
 deer fed on the commoners' lands. 
 
 It appears, in fact, to have been the policy of the 
 Crown to interfere as little as possible with the ancient 
 customs of the districts which were subject to the Forest 
 laws. The presence of the cattle, unaccompanied by 
 herdsmen, tended to the quiet of the deer; and as there 
 were many Royal Forests scattered over England, in 
 most of which there were probably ancient customary 
 rights, any serious interference would have greatly in- 
 creased the complaints against the Forest laws, and the 
 difficulty of enforcing them. 
 
PASTURE RIGHTS. 283 
 
 Another regulation in Sir John Skene's Code pro- Skene's 
 vided that if any man dwellinsr near a Forest had been Majestatem, 
 
 •' ° Forest Laws, 
 
 accustomed to allow his cattle to enter the Forest, he cap. 2. 
 
 Houard, Gout. 
 
 should for each of three times pay the Forester \d. On AngL-Norm. 
 
 proof of the fourth offence the fine was eight cows. And 
 
 if the Forester were alone when the beast was found, it 
 
 was his duty to make a cross upon the earth, or upon 
 
 a tree, and to blow his horn* thrice. And afterwards 
 
 he was to drive the beasts to the King's castle, and so 
 
 the eight cows should be paid. 
 
 This corresponds with the regulation which became 
 part of the English Forest law, that only those whose 
 lands lay within the Royal Forests, and could be fed 
 upon by the deer, were entitled to use the Forest pasture. 
 The charter of the Forest had saved the rights of certain 
 commoners ; whether of those whose lands were dis- 
 afforested, or of those who had common in Crown de- 
 mesnes, is not clear. But an ordinance of 1305 declared Ord.For. 
 that " In right of them whose lands and tenements are dis- st. 5. ' 
 afforested by the perambulation, and who demand to have 
 common within the bounds of the Forest, the intention 
 
 ' Houard's equivalent for the horn is " manelum," a little horn made 
 of wood, used by shepherds to assemble their flocks, and giving a 
 strong and harsh sound. 
 
 This is another instance of the ancient use of the horn in enabling 
 a person placed in a doubtful position to justify himself. The laws 
 of Wihtred, King of the Kentish mea in the 7th or 8th century, also 
 provide, § 28, that " If a man from afar, or a stranger, goes off the 
 road, and neither shouts nor blows a horn, he shall be reputed a thief, 
 to be slain or put to ransom." See also the laws of King Edgar 
 concerning the holding of the hundred : " § 8. An ox's bell, a dog's 
 collar, and a blast horn ; these three be each worth a shilling, and 
 each is held to be an informer." 
 
284 ^-^-^ FOREST OF FSSEX. 
 
 and will of our lord the King is, that since by the per- 
 ambulation they claim to be quit of the pasture of the 
 Forests, and that the beasts of the King cannot have 
 their haunt or repair on the disafforested lands, as they 
 had when the same lands were within the Forests, that 
 such people ought not to have common nor easement 
 within the bounds of the woods, nor of the lands which 
 remain in the Forest." 
 
 " But if any of them which are disafforested by the 
 purlieu wish to be rather within the Forest as they were 
 before, than to be out of it as they are now, it pleaseth 
 well the King that they shall be received into it ; that 
 they may remain in their ancient estate, and have com- 
 mon and other easement as they had before."^ 
 
 Considering the bitter complaints against the Forest 
 laws by which the owners of the disafforested lands had 
 procured their discharge from the Forests, the King's 
 proposal to receive them back if they desired to enjoy 
 their old rights of pasture, reads more like a grim piece 
 of irony than an offer made in good faith. 
 
 A.-G.v.Hyde, The right of pasture was therefore made dependent 
 
 Giiiingham upon a Corresponding liability to the burden of the 
 Manwood, Forest laws. 
 
 In the Forest of Essex, this rule was in full force, as 
 appears not only from various entries, but from the fact 
 that when the Forest boundary divided a parish, only 
 
 16 Car. r, ' In the Act passed in 16 Car. i, for settling the bounds of the 
 
 c. 16, s. 9. Forests, it was provided that the owners and occupiers of lands left 
 
 out of the Forests, should enjoy the same rights of common within the 
 
 Forests which they had formerly enjoyed, notwithstanding the ordinance 
 
 made in 1305. 
 
PASTURE RIGHTS. 285 
 
 that part of the parish which was within the boundary- 
 had Forest pasture. It was so in Roydon, the hamlet of 
 which only and not the rest of the parish, had a Reeve 
 and pasture ; and it was only those lands in Theydon 
 Boys situate within the Forest, which were entitled to the 
 right of common. 
 
 Presentments were often made of breaches of this 
 rule. In 1374, William Ermytte, of Lattone (Leyton), Treas.of 
 who held no lands or tenements within the Forest, sur- For. koUs,' 
 charged the common of the Forest to the banishment of 46— 48 Ed. 3. 
 the wild animals of the lord the King with five draught 
 horses and colts, price i^s. ^d., and ten heifers, price 20s., 
 against the assize of the Forest. 
 
 And in 1594, it was presented at the Swainmote, Bodleian Lib. 
 that John . Raymund and seven others, all of Rumford, 
 " being menn dwellinge in the purlieus, havinge noe 
 interest of Comon w*in the fforest, had thare Cattle 
 gooinge w^'^in her highnesse wast of henholt w*''in the 
 sayd fforest in the xxxv* yeare of Her Ma*'^' raygne." 
 
 The directions for ordering Waltham Forest issued Camb. m.s. 
 by James I., which declare that no inhabitant in the 
 purlieus may common in the Forest (except for lands he 
 holdeth within the Forest), any usage or prescription to 
 the contrary notwithstanding; and the presentment in ch.For.Proc. 
 1630, of a number of persons being all " purly men" ecar. i". 
 within the liberty of Havering for the like offence, by the 
 Reeves and fourmen of Barking and Dagenham, prove 
 the continued observance of the rule. The liberty of 
 Havering appears at this date to have been considered 
 in the same position as to rights of common, as the 
 districts which were strictly purlieu. But the vill of 
 
286 THE FOREST OF ESSEX, 
 
 Navestock, which was partly in and partly out of the 
 Registnimde Forest in 1 30 1, is recorded in 1222 to have paid to the 
 
 Visit Maner . i/-. r tt • r 
 
 s. Pauii, King at the Court of Havering, from ancient times, ibd. 
 
 Lond. Nastok. - . ^ . , . , , 
 
 for common of pasture, Havering being ancient demesne 
 
 of the Crown and then part of the Forest. Traces of this 
 
 practice are found so late as the i8th century. In 1739, 
 
 Court of the Reeve of Navestock was ordered to mark several 
 
 Attachments, . , . , ,., 
 
 14 July, 1739; beasts for two farms withm the liberty, but only for the 
 year ; and application was ordered to be made every 
 year to the Verderers for renewal of the permission. 
 
 Court of And in 1770, when the people of the liberty were pre- 
 
 Attachments, ' ' r f J f 
 
 8 June, 1770. sented by the Reeve of Barking for having agisted their 
 cattle in the Forest of Heynault without having a right 
 thereto, because the same were not marked, the Reeves- 
 men of Dagenham answered, that it had been a custom 
 for sixty years, for the people holding lands within the 
 liberty of Havering and without the Forest, to be per- 
 mitted to agist their cattle on the Forest on payment of 
 6d. per head. 
 
 The same practice of payment for the right of 
 pasture in the New Forest, occurs in some of the parishes 
 adjoining, which were probably included in its ancient 
 purlieus. 
 
 Many entries recognize the right of holders of 
 land in the Forest to depasture a number of beasts 
 in proportion to their holdings ; the usual presentment 
 being, that some persons had surcharged the pasture, 
 or the common of the Forest, or of the lord the King, 
 to the banishment of the wild animals, or whereby they 
 could not be sufficiently depastured, with so many 
 beasts, of such a price, against the assize of the Forest ; 
 
PASTURE RIGHTS, 287 
 
 it being sometimes added that the offender had no 
 common or had surcharged beyond his tenure. An 
 early instance of such a presentment is that against the 3s.ega.rd of 
 Abbess of Caen in 1369, for surcharging the wood of iiq-atHat- 
 Blackholley, part of her own possessions. 43 Ed. 3.' • 
 
 The lords of the manors generally acquiesced in the 
 Forest right of common. But about the middle of the 
 1 6th century, an attempt to dispute it seems to have 
 been made by Lord Chancellor Rich in his manor of 
 Wanstead. On the 29th December, 1550, the jury at 
 the Manor Court presented, that John Wyberd and others 
 overburthen the common with so many cattle to the 
 grievous injury of all the tenants thereof within the 
 manors aforesaid, and they are none of them tenants thereof. 
 An inquiry was directed by what right they claimed 
 common of pasture there, and it was presented that 
 the inhabitants of Plaistow, Upton, and Stratford, had 
 common there without right or title. The first and 
 second of these places were beyond the legal Forest; . 
 but it will be remembered that by the presentment of the Su^ra, p. 35. 
 Forest Court in 1323, the Thames was declared to be 
 the southern bouhdary of the Forest, and the true limits 
 were in dispute until the year 1641. 
 
 In 1563, like presentments were made as to persons 
 belonging to Upton, Little Ilford, Ilford, West Ham, 
 and East Ham; and again in 1574, it was presented 
 that all the tenants and inhabitants of the manor from 
 time immemorial, had and ought to have common of 
 pasture upon the green or vert called Wanstead Heath, 
 for all cattle, goats only excepted ; which was contrary 
 
288 THE FOREST OF ESSEX. 
 
 to the rule that sheep were not commonable within the 
 Forest. 
 
 But in 1630, the Regarders of Waltham Forest made 
 
 the presentment placed at the head of this chapter, and 
 
 ch For.Proc. which, with manv othcrs, was confirmed at the Swainmote 
 
 Waltham For. ■' 
 
 6 Car I, held at Stratford Langthorne, on the 14th September 
 '43- in the same year ; and was repeated at the Swainmote 
 
 Id. 10 Car. I, •' ^ 
 
 140. of 15th September, 1634. In accordance with it, were 
 
 the numerous claims made at different times by the 
 
 Exch. Treas. owncrs of Forcst manors and lands. Such claims were 
 
 of Rect. Plac. 
 
 For. 17 Ed. 2, made at the Justice Seat m 1323, by Edmund Earl of 
 Arundell, Lord of Wolfhamston, and John le Palmer, 
 monk, and guardian of the chapel of the lord the King 
 of Berewe. 
 
 The first relates to Hainault and the other to 
 Writtel. Another entry ten years later, shows, like the 
 Writtel claim, that the detached as well as the main 
 parts of the Forest were subject to the Forest right of 
 
 Presentments pasture. On this occasion it was presented that William 
 
 on Inquisition, 11, 11 10 iir it-. 
 
 7 Ed. 3. de Impshall, and others, on the baturday before the Feast 
 of St. Michael in 7 Edw. III. came into the covert of 
 Kyngeswoode (Colchester), with bows and barbed 
 arrows, and then, against the assize of the Forest, made 
 a certain drift of the catell of John Attewode and other 
 tenants of Ordelye [Ardleigh], and La Milende, who 
 claim common of pasture within the Forest aforesaid ; 
 and which cattle the aforesaid William and others chased 
 to the Castle of Colchester through the middle of the 
 covert of Hyneholt, to the detriment of the Forest afore- 
 said and the injury of the wild animals of the lord the 
 King. 
 
PASTURE RIGHTS. 289 
 
 In the Epping division, in 1630, not only the 
 successor of the lord of the manor of Wanstead, who 
 disputed the general Forest right in the previous century, 
 but also twenty-three other lords of manors and sub- 
 manors; and in 1670, twenty-two lords, besides on each 
 occasion a great number of commoners, claimed the 
 right of common of pasture through all the wastes of the 
 Forest ; and the claims in Hainault are almost all to the 
 same effect. Only the lords of a few manors and sub- 
 manors in each division, viz., Loughton, Pyenest, Wan- 
 gey, Wolfhamston, and Markes, with several commoners 
 in Epping and a larger number in Hainault, claimed a 
 right of pasture in their own manors or parishes, and by 
 reason of vicinage^ in the other wastes of the Forest. 
 
 The variety in the form of these claims shows an 
 uncertainty as to the real nature of the right. Some are 
 on behalf of the men and tenants, and some of the free 
 tenants and copyholders of manors ; others on behalf of 
 
 ' Common by reason of vicinage is the right of the tenants of two 
 vills or manors, the wastes of which adjoin, to allow their cattle, 
 turned out on their own waste, to wander and feed upon that which 
 adjoins it. It is considered to be an excusable trespass, which the 
 lord of either manor may stop by fencing off his own waste from the 
 other. It was held by Sir George Jessel in The Epping Forest Case, l.R. 19 Eq. 
 that the right was confined to the tenants of two adjoining vills or i^°- 
 manors, and could not therefore account for the general intercom- 
 moning which existed in Waltham Forest. And it may be added, 
 that inasmuch as the putting up of fences in the Forest without licence 
 was illegal, the power of each lord by this means to stop the inter- 
 commoning, which is one of the principal incidents of the right of 
 vicinage, was wanting. The right no doubt originally arose from the 
 intercommoning of several communities upon the same waste, which 
 has been already described ; and was not then affected by the artificial 
 rules which afterwards governed it. 
 • F. U 
 
290 THE FOJREST OF ESSEX. 
 
 tenants, freehold, copyhold or customary ; or of the men? 
 free and customary tenants, and inhabitants of vills, 
 towns, and parishes, or the men and inhabitants of 
 ancient messuages in parishes. There are also many 
 separate claims by the owners of ancient messuages and 
 lands, or which expressly exclude the owners of new 
 But see Direc- cottages and buildings ; an exception, however, which 
 Ordering was possibly inserted with reference to the right of cut- 
 
 Waltham . . . 
 
 Forest, temp, ting wood, commonlv included in the same claim. 
 
 Jas. I, Camb. ° -^ 
 
 MS. After 1630, there seems to have been no active 
 
 opposition to the right of Forest pasture, though an 
 occasional entry on the manor rolls, such as a complaint 
 in 1653 against a Stratford man for keeping his cattle on 
 the waste of Ruckholt manor, was perhaps made by way 
 
 Commrs.of of protest. The right was finally established in 1874, 
 
 Sewers v. 
 
 Giasse, L. R. m the great suit mstituted for that purpose by the Com- 
 missioners of Sewers on behalf of the Corporation of 
 London. 
 
 It will be observed that the presentment of the 
 Regarders, in 1630, only asserted a right for all common- 
 able cattle ; but did not state what kinds of cattle were 
 commonable. The omission was doubtless intentional, 
 because at this very time the question whether sheep 
 were commonable in the Forest was pending in the Court 
 of Exchequer. Otherwise it was well understood that 
 the commonable cattle were " horse beasts, and neat 
 beasts," the latter consisting of oxen, cows, heifers, and 
 calves. 
 
 There is no mention of sheep in the Forest laws of 
 Canute ; but the provision that the cutting of the knees 
 
PASTURE RIGHTS. 291 
 
 of sheep dogs was unnecessary, is some evidence that Const.de For. 
 sheep were then permitted in the Forests ; and a charter cod. Dipi. 
 by Canute, contains a grant of a right to feed a flock of ^^ ' 
 sheep in the woods. 
 
 At the date of the Domesday survey there were 
 1,452 sheep in the parishes of the Forest of Essex, for 
 which Reeves were appointed from the end of the 15th 
 century to modern times, and which appear to have ^"P- p- 177. 
 always been part of the Royal Forest. 
 
 Of these sheep, 252, being the largest number in Domesday, 
 any of the Forest vills, belonged to West Ham, then held 
 by William or Ralph Peverell and Robert Gernon, whose 
 descendant, William de Montfichet, founded the Abbey Morant, 1. 13. 
 of St. Mary, Stratford, in 1145. 
 
 The monks largely increased the flock, and ob- 
 tained a grant from Richard I., which was confirmed by Exch. Treas. 
 Edward II., of a right to depasture 800 sheep by the pieasT " 
 greater hundred (120) on the pasturage in the under- ^^ 
 wood, extending in length between the Frith, which was 
 of the fee of Richard of Mountfichet, and Welcomestow 
 (Walthamstow); and this right was claimed by the monks 
 of St. Mary in 1323 and 1489, and by their successors, Exch. Treas. 
 
 . of Rect. PI. 
 
 the owners of the manor of Woodgrange, viz. Dame J oyce For. 17 Ed. 2. 
 
 Carewe and others in 1630, and Sir Harry Cambell in MiscRec 
 
 4H.7. 
 1670. 
 
 Henry de Hodeing, another landowner in Wanstead 
 and Ham in the reign of Henry III., had also feed for Morant, 1.29. 
 200 sheep in the Forest. 
 
 I think it may be inferred from these facts, that at or 
 before the time of Richard I, the Crown, probably in 
 
 V 2 
 
292 THE FOREST OF ESSEX. 
 
 conformity with the Norman Forest laws,^ had forbidden 
 the pasturing of sheep in the Forest without licence. 
 Information, Except a grant by Queen Elizabeth to Sir George 
 
 Fuller. Hervy and his heirs, of a right to common with sheep 
 
 Exch. Bills ^ ' ^ . , ^^^ ^^ . f 
 
 and Answers, upon the wastes of ChappcU Hamault and West Hamault 
 Car. i'. No. 31. walks, and which is said to have been repurchased by 
 James I. for 600/., I have found no notice of any other 
 licences to feed sheep upon the Forest wastes. 
 
 But they were sometimes fed there without licence. 
 Exch.Treas.of In I2Q2 it is recorded that Roger le Gaunt, of Wantham, 
 
 Rect. PI. For. . , , . , 1111 1 , 1 
 
 20 Ed. I. a professed monk in the abbey, had surcharged the pas- 
 ture of the King in his Forest, with his sheep, during 
 half a year. Therefore he was in mercy one mark, 
 whereof the Abbot was to answer by the pledge of Vin- 
 
 Presentments cent the portcr. And in 1333, Adam, the smith of 
 
 on Inquisition, - ,- , 
 
 7 Ed. 3. Chigwell, surcharged the pasture of the wild animals of 
 the lord the King in the wood of Hyneholt with 220 
 sheep, to the injury of the wild animals aforesaid. In 
 other complaints of overloading the commons, sheep are 
 mentioned with other animals ; but It Is not clear whether 
 the objection was to kind or number. In 1489 one 
 Duch.ofLanc. Aldertou, a citizen of London, is said to have surcharged 
 piac.For. " the common of pasture of the King in the Forest with 
 
 Waltham, , 777-, ^ • ■. . 1 
 
 3 H, 7. sheep beyond ms ienure contrary to the assize, which 
 
 seems to imply a right to a limited number of sheep ; 
 but other presentments state that it is against the assize 
 of the Forest. A few more presentments against sheep 
 
 Skene's Reg. ' " Anent schiep found in the Forest before witnes quhither there 
 Laws, cap. iv. ^^ ^"^ keiper or nocht, the forester may take ana scheip to his awne 
 Houard, Cout. vse of the flock." Of sheep of the King's husbandmen or bondsmen 
 2 "i^)?' °""' '■^^ forester was to have one penny. 
 
PASTURE RIGHTS. 293 
 
 were made between this time and the end of the century. 
 Then, in consequence of the loss of the proceedings of 
 the Forest Courts, we have no more information about 
 sheep in the Forest until the 17th century. 
 
 During the interval, the breeding of sheep in the 
 country had greatly increased ; and the putting of lands 
 to pasture in order to feed them, was considered to be a 
 principal cause of the distress of the poor. A statute of 
 Henry VIII. states that some persons had 24,000 sheep, 
 some 20,000, some 10,000, some 6,000, some 5,000, 
 some more, some less ; and it was provided that from 
 Michaelmas, ISSS, no person except as is mentioned in 2sh. 8,0.13, 
 
 ^.j^i jT sr ss. 1, 12, 1535. 
 
 the statute, should keep more than 2,000 sheep by the 
 great hundred, i.e., 2,400 sheep. 
 
 In 1616, James I. issued a commission of inquiry ch. Pat.Roii, 
 (the return to which has not been found) into the sur- '+J^*=-''P- ^• 
 charges of Waltham Forest. The commissioners were 
 Sir William AylofF, Sir Christopher Hatton, Sir Edward 
 Coke, Thomas Fanshaw, and others. It was stated that 
 the wastes and commons in the Forest, "being a Forest 
 very near to our palace of Westminster, and many other 
 of our mansion houses, and situate and lying as it were 
 under our eyes," were surcharged and spoiled with 
 cattle, as well commonable as not commonable, of divers 
 kinds ; that is to say, with oxen, cows, heifers, horses, 
 geldings, sheep, lambs, pigs, and geese, as well of the 
 tenants and dwellers in the Forest as of strangers. 
 
 In the directions for ordering Waltham Forest, which Camb. MS. 
 were probably issued by the same King, it is declared 
 that neither sheep nor swine were commonable in the 
 
294 THE FOREST OF ESSEX. 
 
 Forest by the Forest laws ; but, as they had been long 
 tolerated in this Forest, the laws were not to be pressed 
 till some course had been taken about it. 
 
 This course was taken in 1628, when Sir Robert 
 
 Heath, the Attorney- General of Charles I., proceeded in 
 
 Exch. Bills the Exchequer aerainst Henry Fuller, of Chigwell, and 
 
 and Answers, , . . , i t^ ^ t^ 
 
 Essex, Car. I, Others, for pasturing sheep on the i^orest waste. It 
 appears from the information filed by the Crown, that 
 the contest upon this question had then gone on for 
 many years. It was alleged, in accordance with the law 
 4tii Inst. 298 ; as it was laid down by Coke and Manwood, that no man 
 ch?°i4?° ' without a special grant can claim to common with sheep 
 within a forest, the reason given by Heath being, that 
 it is in respect of the dislike " which the Redd and 
 fallowe Deare doe naturallie take of the sent and smelle 
 of sheepe ; as also for that the sheepe do vndereate the 
 Deare, and hurt and spoyle the coverte, and thereby 
 prejudice and wrong the deare both in their feeding and 
 layer." 
 
 This was flatly denied by Fuller and his co-defen- 
 dants, who said that " dayly experience p'veth the 
 contrary ; and y' it is an usuall thing to see a deere and 
 a sheepe feed together in one quillet of ground, even 
 upon one molehill together ' ' ! 
 
 The history of the matter, as given by the Attorney- 
 General (which being ex parte must be received with 
 caution), was " that the Inhabitants were restrained from 
 commoning with sheep as contrary to the Forest laws 
 during the reign of the late King Henry 8th of famous 
 memory, and of all other preceding Kings which took 
 delight and pleasure in hunting. But afterward that 
 
PASTURE RIGHTS. 295 
 
 Royall and Princlie pleasure being not so much esteemed 
 by the late King Edward the Sixt (by reason of his 
 minoritie), and by the two succeeding Queenes (by reason 
 of their sexe), the lesse care of the due execucon of the 
 forest laws consequentlie ensued, and the keeping of 
 the Courts of Swainmote and Justice Seate became 
 almost totallie neglected and disvsed ; whereof the in- 
 habitants of the said fforest as also the inhabitants of 
 Enfield Chase (adioyning to it) taking advantage, did by 
 degrees, especiallie towards the end of the raigne of the 
 late Queene Elizabeth, encroach uppon the said fforest 
 laws by comoning with sheepe . . . and the same 
 so contynued untill the raigne of our late Soveraigne 
 Lord of most happie memory. King James ; in whom 
 that Royall pleasure ^nd delight in hunting and particular 
 and speciall esteeme of the fforest of Waltham, being 
 again revived," the King ordered the forest laws to be 
 enforced ; which the inhabitants opposing, and the records 
 of the presentments and other proceedings of the Courts 
 of Swainmote and Justice Seats being lost, recourse was 
 had to the office of the Duchy of Lancaster for the forest 
 proceedings relating to Enfield Chase; from which it 
 appeared by recorded judgments and from legal proceed- 
 ings that sheep were not commonable in forests : to which 
 decisions the inhabitants of the Duchy forests and chases 
 submitted. 
 
 He then states that proceedings were taken against 
 offenders in the Court of Attachments for Waltham 
 Forest, to which they submitted ; but afterwards repent- 
 ing, in the 1 8th James L preferred a bill in the House of 
 Commons to have their pretended right of commoning 
 
296 THE FOREST OF ESSEX. 
 
 with sheep established ; " the successe whereof was, that 
 that wise, grave, and just house . . . upon the first 
 reading thereof in a very full howse, without one negative 
 voyce did reiect the Bill ; and in detestation thereof, 
 ordered and caused the same to be torne in pieces in the 
 open howse then sitting in full Parliament." 
 
 The offence charged against Fuller and the other 
 defendants was, that in a contemptuous and presumptuous 
 manner they put their sheep into the open and uninclosed 
 grounds, wastes, woods, and coverts of the Forest, and 
 particularly into those which lay within Chappell Renault 
 and West Renault; which were " his Majesty's own soyle 
 and inheritance, and parcell of the possessions of his 
 Crowne of England, and the very Gardeine of the said 
 forest in respect of the delight and comodiousnesse 
 thereof for the hunting and chasing of the Redd and 
 fallow deare." 
 
 Fuller and his friends claimed, as from time imme- 
 morial, common of pasture for horse beasts and neat 
 beasts in all the wastes of the manors of which their 
 lands were held ; and for sheep on the lawns, part of the 
 manors, every year at all times of the year, and pasture 
 and pawnage for their swine at all times of the year, 
 except during the fence month. They said that common 
 for sheep might be claimed by prescription in a forest ; 
 they denied that the deer refused to feed with them, and 
 declared that if the inhabitants were debarred of the 
 right, it would tend to the utter subversion of the poor, 
 and to the impoverishment of those of better ability, 
 whose chief profit consisted of sheep, and who were at 
 continual charge for the provision of the King's house- 
 
PASTURE RIGHTS. 297 
 
 hold, and for his carriages and other services ; * and the 
 tithes and other profits thereof being a chief part of the 
 maintenance of the ministers within the Forest, besides 
 the loss to the King's revenue of the customs on wool. 
 
 At the Justice Seat held on 21st September, 1630, chancery For. 
 Fuller was presented for commoning with twenty sheep 6 Car. i, ' 
 on Loughton walk in the Forest, the jurors submitting to °' '^°' 
 the Court the question whether this was against the laws 
 and assize of the Forest. The Court, consisting of the 
 Earl of Manchester Lord Privy Seal, Lord Newburgh 
 Chancellor of the Duchy of Lancaster, and Sir Thomas 
 Edmondes Treasurer, as Commissioners,^ after taking 
 counsel with Sir Thomas Richardson Chief Justice of the 
 King's Bench, and the Barons of the Exchequer, decided 
 that it was, and Fuller was fined ^13 6s. 8d., being the 
 value of the twenty sheep at 135. 40^. each. Several other 
 persons were fined at the same time for like offences, but 
 in sums much smaller in proportion to the value of the 
 sheep ; whence it seems that the Court intended to make 
 an example of Fuller as the chief offender. John Allen 
 of Chigwell, one of the persons fined for sheep, was also 
 separately fined 10/. for having (as he acknowledged) 
 said to Siggens, one of the jury, " that if any bill came 
 to their hands concerning sheep, that you should be 
 careful of them, for it was a thing that concerned all the 
 county, and now it was upon the tryall." 
 
 This decision appears to have practically settled the 
 rule that the commoning of sheep was illegal ; for except 
 
 ' This refers to the Crown's right of purveyance, abolished in 1660 
 (12 Car. 2, c. 24). 
 * Sir Humphrey May was joined in the Commission, but did not sit. 
 
298 
 
 THE FOREST OF ESSEX. 
 
 that in. 1653 and 1670, Mildmay and Barefoote, lords of 
 the manor of Lambourne Hall, claimed common for sheep 
 in Hainault Forest; and that in 1789, a person was pre- 
 sented for driving 100 sheep or more to feed in the 
 Forest lanes (on which complaint they were ordered to 
 be impounded), I find no further entries on this subject. 
 
 It will be observed that the claim of Fuller to pasture 
 sheep in the Forest was confined to the lawns, as were 
 almost all the other forest claims to this right. The pro- 
 bable explanation of the whole matter is, that these lawns 
 were the home pastures of the ancient vills, upon which 
 the inhabitants fed their sheep before and at the time of 
 the Domesday survey ; and afterwards, either because the 
 landowners put their sheep upon the other wastes, or 
 because the sheep were obnoxious to the deer, the claim 
 was only allowed when a charter or long user could be 
 shown to justify it. 
 
 The right to pasture sheep in the Forest was not 
 claimed on behalf of the City of London in the action of 
 The Commissioners of Sewers v. Glasse. 
 
 It was always unlawful to turn out goats and geese 
 upon the Forest wastes; to suffer them was ^'^ ad mag- 
 num, nocumentum ferartim, foresta^'' because by tainting 
 the pasture they banished the deer. The Scotch law of 
 Sir John Skene provides that if goats be found three 
 iiouaVd, Gout, times in the Forest, the Forester may each time hang 
 Toi. 2°.™' one of them by the horns on a tree ; and the fourth time 
 he may slay one of them, and leave his bowels in the 
 place, in token that they were found there. 
 
 Manwood, 
 ch. 14, s. 3. 
 
 Regiam 
 Majestatem, 
 Leg. For. 
 cap. V. 
 
O Ui 
 
 nf^ 
 
 A — Waltham Holy Cross. B — Nazing. D — Theydon Bois. £ — Epping. 
 
 a 
 
 G — Chingford. H — ChigwelL K — Barking K — Barking 
 
 \Maypole). (Crooked Billet). 
 
 L — Dagenham. M — Woodford. N — Leyton. — Walthamstow. 
 
 P — Navestock. Q — Wamtead, R — Stapleford Abbot. 
 
 To face page 29d 
 
PASTURE RIGHTS. 299 
 
 Goats are seldom mentioned in the Forest records, Exch.xreas.of 
 but when found on the waste they were ordered to be \^%a. 2. 
 pounded if not removed by the owner. Several persons Roii^e'Aug. 
 were presented at the Justice Seat of 1323-4, for keep- ^'^^^' 
 Ing goats (56 in all) on the Forest contrary to the assize. 
 A licence to keep a goat in a Royal Forest is to be 
 found in an 8th century grant by OfFa to the Abbot of Cart. Sax. 293. 
 Canterbury. 
 
 It was the duty of the Reeves of the Forest parishes 
 to mark with the Forest mark, the cattle belonging to 
 their respective parishes which were entitled to feed 
 upon the Forest wastes. The mark consisted of a letter 
 surmounted by a Crown, for each parish, the letters 
 running consecutively from A to R, without regard to 
 the position of the parish on one or the other side of the 
 river Roding, which separated the Hainault from the 
 Epping division. A list of the marks in the Cambridge 
 MS. book relating to the Forest corresponded, with the 
 exception of some obvious errors, with the arrangement 
 which was found to exist at or shortly before the com- 
 mencement of the suit by the Corporation of London. 
 
 The original marks are for the most part eight 
 inches in height, but in a few instances nine, and in one, 
 only seven inches. Copies on a reduced scale of im- 
 pressions from all the marking irons which could be 
 found,* are given on the opposite page. 
 
 ^ Evidence was produced before the Epping Forest Commissioners 
 that the lost irons contained the letters C, F, and I, for Roydon 
 hamlet, and for the parishes of Loughton and Lambourne. The SeeAttach- 
 originalmark for Stratford or West Ham could not be found. The '"o^j^^°|;'' g 
 mark substituted by the lord of West Ham is given on page 179. 7' 4 • 
 
300 THE fOREST OF ESSEX. 
 
 There was commonly but one iron for each parish ; 
 
 but in Barking, by reason of the size of the parish, 
 
 there were two marking places and two irons ; one of 
 
 Attachment which marked the letter in its proper, and another in a 
 
 6 Sept. 1718 ; reversed position. The iron of each parish was ordered 
 
 30 July, 1748: 1 1 1 1 T-. 1 1 • 1 
 
 8 July, 1749; to be kept by the Reeve only, no markmg except by 
 7Nov.'i7'6i.' him or his assistant being legal. A report by a 
 Rep^annexed Walthamstow Reevc in 1809, mentions a suspected 
 Minute'of forgery of a Forest mark by a person in Hackney. 
 ^^?'^'i.°*^ . In addition, each commoner was directed to have a 
 
 Attacnments. 
 
 Camb. MS. mark of his own besides the parish brand ; and the 
 Reeves were ordered to keep a book, in which were to 
 be entered the number and several kinds of all such 
 cattle as they should mark, with the names of their 
 owners. Many such accounts are among the records of 
 the Forest, but the Reeves often neglected to bring 
 them before the Court of Attachments. 
 
 Camb. MS. In 1630 and 1632, the bailiff of the Forest was 
 
 directed to warn the constables of the Forest parishes, to 
 inquire out the parish brand mark used and appointed 
 for the branding and marking of cattle within the parish, 
 and the book for booking the cattle marked ; and it was 
 probably in reference to the first of these orders that at 
 
 cii. For. proc. the Swainmote held in 1631, William Cromphorne and 
 
 Waltnam, ^ 
 
 No. 140, Pre- William Wheeler, both of Sewardstone, were presented 
 
 sentments 8 '■ 
 
 and 9. for keeping cattle on the waste at Chingford not marked 
 
 with the parish mark, and for obstructing and refusing 
 to allow the fourmen and Reeve to mark them, " in 
 contempt of certain instructions by the late Chief Justice 
 of the Forest aforesaid given by way of command in that 
 
 /i. Present- behalf." A more serious offence was charged against 
 
PASTURE RIGHTS. 301 
 
 the same persons for violently repulsing and maltreating 
 the fourmen and Reeves, in doing their duty by over- 
 seeing that all the beasts depasturing in the wastes of 
 Chingford within the Forest, were marked with the parish 
 mark. 
 
 The usual practice was for the commoners to bring 
 their cattle to be marked at a place within the bounds of 
 the Forest and of the parish to which the cattle belonged. 
 In Stapleford Abbotts there was no fixed place, and the 
 marking was done at the residences of the owners. 
 After being marked the cattle were turned out at the Com. of 
 places most convenient to their owners, and might cuLl^iM.. 
 then roam over and feed upon any part of the Forest judgment, 
 wastes. ^ii^a.'^'^'^- 
 
 The time at which cattle marking began in the 
 Forest is unknown ; but the above orders appear to 
 show that the practice was then revived after having 
 been for a time neglected. And something may be 
 gathered from the marks themselves, the designs of 
 which are by no means uniform. This may have arisen 
 from clumsy repairs, though the original irons would be 
 copied as closely as possible. But the position of the 
 cross above the Crown in the letters A and Q, makes 
 it likely that these letters, which belonged to Waltham 
 and Wanstead, the property of great monasteries, were 
 originally made before the reign of Henry VIII. And 
 the absence of a mark for the liberty of Havering, and of 
 any gap in the alphabetical arrangement, which might 
 have been filled by such a mark, as well as the fact that 
 the letters apply only to the parishes of the present 
 
302 THE FOREST OF ESSEX. 
 
 Forest and of Hainault, shows that the present arrange- 
 ment is probably not older than the reign of Edward IT. 
 during which Havering was separated from the Forest, 
 and ceased to have a free right of pasture. 
 Auactment The marking originally took place four times in the 
 
 Roll, 12 Mar. . ,,,,,, 
 
 1723-24. year, viz., on the ist and 2nd May, the loth and nth 
 July, the 2nd and 3rd September, and the 7th and 8th 
 November ; which days were changed, after the alteration 
 
 7<f. 2Aug. of the calendar, to the 12th and 13th May, the 21st and 
 22nd July, the 13th and 14th September, and the i8th and 
 19th November, or the Monday following any of those 
 days which might fall on a Sunday. But many years 
 
 Id. 2 June, before this change," John Taylor, the Reeve of Wanstead, 
 an advanced thinker in his day, had been ordered to 
 attend the Court to answer a complaint for marking 
 according to the new style. 
 
 /<;. 29juiy, Later, the 13th and 14th May and the 22nd and 
 
 23rd July, with the other days in September and 
 November, were considered to be the proper days for 
 marking. 
 
 See Attach- It was sometimes complained that the Reeves 
 
 ment Roll, 
 
 14 Oct. 1754. marked irregularly, and for persons who had no right 
 of common; which, as they had a fee of 3«'. for every 
 head of cattle marked, they were strongly tempted to do. 
 The right of the commoner was properly measured by 
 the capacity of his holding to support in winter, the 
 beasts which he turned upon the waste in summer, and 
 of this capacity the Reeves were likely to take a liberal 
 view. In order to check this tendency the Courts of 
 Attachment adopted the plan of measuring the right by 
 
PASTURE RIGHTS. 303 
 
 the rental, or as the practice was in Hainault at the Hainauit 
 time of its inclosure, by the rating of the commoner. n. s. 
 
 The first notice of this arrangement appears in an Attachment 
 account of cattle marked by the Reeve of Barking in 1713! 
 17 13. The Court of Attachments was at this period 
 very particular, in requiring such accounts to be laid 
 before it by the Reeves after each marking, and fined u. 17 May, 
 and threatened to dismiss those who neglected to bring 1723,' and 
 them; and in 17 15, the commoners' rental appears jn ■^'""'"" 
 some of the accounts in a separate column. 
 
 It cannot be made out from the accounts whether 
 any particular scale of rental had then been fixed. But 
 in 1790 the following order was made: — " This Court Rolls, 2nd 
 observing, and many complaints being made against 
 divers persons for storeing the Forest that have no right 
 of Commoning, and many Irregularities committed by 
 the Reeves and Four Men, It is ordered by this Court, 
 that the Reeves, within their limits, shall mark for every 
 person that hath right of Commoning on the said Forest, 
 Two Cows for Four Pounds per annum Rent, or one horse, 
 and no more, and so proportionable for a greater Rent. 
 But such Reeves may mark for every poor Cottager, 
 having a Family and right of Commoning as aforesaid. 
 One Horse or two Cows, although such person does not 
 hold Four pounds per annum." The Reeves were also 
 ordered to give notice of the marking days in their 
 respective parish churches on the previous Sundays ; 
 and to return at the next Court after each marking day, 
 an account of the cattle marked, and the names of the 
 owners and the value of their rents ; and no person was 
 
304 
 
 THE FOREST OF ESSEX. 
 
 Camb. MS. 
 
 to pretend to mark any cattle other than for the tenants 
 inhabiting within their respective precincts.* 
 
 In that part of the above order which relates to poor 
 
 cottagers, we see a recognition, corresponding to that 
 
 which occurs in the Loughton regulations concerning the 
 
 Su:P. p. 254. common wood, of the right of every occupier in the 
 
 parish to an interest in the common pasture. 
 
 The directions for the ordering of Waltham Forest 
 issued in the time of James I. contain a provision that 
 the officers were to take into consideration who had been 
 commoners of ancient time, and to proceed towards them 
 with more favour. 
 
 When the Forest system was in an advanced stage 
 of decay, another order, probably made necessary by the 
 continued abuse of common rights, negatived the claims 
 of persons who only rented houses, and ordered the 
 Reeves not to mark for them. 
 
 Attachment 
 Roll, ir June, 
 1848. 
 
 JLectures on 
 Rights of 
 Common, 
 1880, p. 157. 
 
 Camb. MS. 
 
 ' The late Mr. Joshua Williams, in discussing the subject of stinted 
 commons, states that the number of cattle which the tenants might 
 put on was limited according to the rental of each tenement ; and, 
 mentioning the scale fixed by the above order, says that the stint was 
 proved in The Epping Forest Case (L. R. 19 Eq. 134, 161). This 
 is quite a mistake. The question of the existence of a stint was not 
 proved or in issue in the cause. The above order made by the Forest 
 Court was in evidence, and was referred to by Sir George Jessel, not 
 for the purpose of showing that it created a stint, but for disproving 
 the theory of common of vicinage, with which it was inconsistent. 
 The Court of Attachments had, in fact, no power to create a stint. 
 The directions for ordering Waltham Forest provide that all commoners 
 in the Forest are to be so proportioned in their commoning, as the 
 King's game be not prevented of sufficient and plentiful feeding ; 
 which shows that in the time of James I. no fixed proportion, other 
 than that of levancyand couchancy implied by the law, was in force. 
 
PASTURE RIGHTS. 305 
 
 These marking arrangements had an important 
 bearing upon the question which was decided in the 
 great litigation carried on by the City of London, as to 
 the right of common in the Forest ; the effect of the 
 decision being, that every commoner had a right to 
 pasture his cattle upon any part of the great Forest waste, 
 and not merely to turn them out upon that part of it 
 which lay within his own manor or parish, with a right 
 of stray over the rest arising from the absence of fences. 
 The latter suggestion derived some weight from the fact 
 that the Commissioner who had charge of the disafforesta- Rep. 9 c. b. 
 tion of Hainault Forest, found that the rights of common 
 over the wastes of Navestock and Woodford were limited 
 to the wastes of those parishes; and that though there 
 was a general right over the wastes of Barking, Dagen- 
 ham, Stapleford Abbotts, Lambourn, and Chigwell, 
 (which lay together) for the cattle of each of them, he 
 did not find any intercommoning with Epping. This 
 in fact hardly existed, by reason of the interruption 
 caused by the river Roding. But the duties of the 
 Commissioner were confined to Hainault. If he had 
 been able to examine the arrangements on the Epping 
 side of the river, he would have found, as I have already 
 shown, that Epping and Hainault were one Forest, 
 governed by the same laws, administered by the same 
 Courts ; that the commoning was superintended by Reeves 
 appointed in the same manner and discharging similar 
 duties ; and that the letters which formed the cattle marks 
 of the parishes of the two divisions, ran in a single alpha- 
 betical series. 
 
 r. 
 
3o5 THE FOREST OF ESSEX. 
 
 The Right of Pannage. 
 
 The Anglo-Saxons were great keepers of swine ; and 
 
 under the names of " Waldbaera," " Denbera," and 
 
 " Fearnlesuue," very extensive rights of feeding them 
 
 in the forests upon acorns and beech mast, were attached 
 
 to particular lands, either by ancient custom, or by direct 
 
 grants from the Kings ; and were sometimes enjoyed in 
 
 o?Weaidof" common woods, and sometimes in severalty. It has 
 
 Kent. 1—76. been suggested that " Waldbsera" was a general right 
 
 SecCod.Dipi. Qf feeding swine, and " Denbera " the right to feed in a 
 
 Cart. Sax. defined district ; but all the charters do not support this 
 
 distinction.* 
 
 At the time of the Domesday survey, swine were 
 still kept in the Forest of Essex, but in much fewer 
 numbers than the woods were able to sustain. In the 
 nineteen vills for which Forest reeves have been appointed 
 since the 15th century, there were, at the date of the 
 survey, but 774 swine, although there was wood enough 
 for 12,662. 
 
 Under what regulations these swine were kept there, 
 is unknown ; but it is certain that, at a later period under 
 the Forest laws, swine were allowed to be in the Forest 
 
 Cod.Dipl.1s2. ' "Ad hanc quoque terrain pertinent in diversis locis porcorum 
 
 Cart. Sax. 253. p^^^^^^ j^ est ' uueald bKra.'" 
 
 Cod.Dipl.281, " Pascua porcorum, quot nostra lingua Saxhonica 'denbera' 
 
 Cart. Sax. 496, nominamus." 
 
 507. " Adjectis iiij denberis in commune saltu." 
 
 Cod.Dipl.179. See also Cod. Dip!, and Cart. Sax. in many places. 
 
PANNAGE RIGHTS. 3°? 
 
 only during the season called the time of pannage, and 
 for the purpose of feeding upon the acorns and beech 
 mast which had then fallen ; and they were not marked 
 by the Reeves. 
 
 They were not in any other way commonable in a 
 Royal Forest, and the directions already cited for regu- 
 lating Waltham Forest expressly state that they were 
 not commonable there by the Forest law. The rule, 
 however, was relaxed in modern times, as is shown by a 
 notice from the Court of Attachments, dated 19th June, 
 1809, which sets forth that the turning hogs or pigs on 
 the Forest is unlawful, swine not being commonable 
 cattle ; but it being of great benefit to the occupiers of 
 houses and cottages in and near the Forest, to keep 
 swine and suffer them to go " at Ley "^ in the Forest, 
 the liberty had been connived at, so long as the swine 
 had been rung, and prevented from doing damage to 
 the vert of the Forest ; the keepers and officers of the 
 Forest were therefore ordered to impound all hogs and 
 pigs unrung which should be found on the Forest. 
 
 According to the Scotch Forest law, it was the Skene's 
 custom to forbid in parish churches the entrance of swine Majestatem, 
 into the Forests ; and if found there by the forester he cap. vi. vii. ' 
 might on each of three occasions take one of them for Angi.-Norm.' 
 himself; the fourth time they were all to be taken for the 55^7^' 
 King's use. 
 
 But if there was a great abundance of acorns in the 
 King's Forest, the forester was to summon the burgesses 
 and " landthwart men^'' to bring their swine so that the "Ruremanen- 
 
 tes" Houard. 
 
 ' I.e., at liberty. 
 X 2 
 
3o8 THE FOREST OF ESSEX. 
 
 King might have his pannage for them ; that is to say, 
 for each ten swine, the King to have the best, and the 
 forester one hog ; with specified remunerations where the 
 numbers were smaller.* 
 
 These regulations seem to imply that pannage was 
 originally the privilege of the King to derive a benefit, 
 either in kind or by the payment of money, from the con- 
 sumption of the acorns in his Forests, by his subjects' 
 swine ; and that the right of feeding the swine, also 
 called pannage, was the secondary sense of the word. 
 In that sense the word only implies a right for the swine 
 Speim. Gloss, to eat such acorns and beech mast as fall upon the 
 
 Pannagium. . , 
 
 Per Sir G. ground, and not by shakmg or otherwise to take them 
 
 Jessel, M. R. 
 
 Law Rep". 7 ' off the trees ; much less to prevent the owner of the trees 
 Ch. D. 562. . , ,. ^ \ . . , , 
 
 in the ordinary course from lopping or cutting them down 
 
 for timber. 
 
 Assh.For. Under the English Forest laws of Henry II., four 
 
 knights were appointed to see to the agistment, and to 
 receive the King's pannage, and for the keeping of the 
 woods. No man might agist his own woods in the 
 P''orest before those of the King were agisted, the time 
 for which was from fifteen days before, till fifteen days 
 after Michaelmas. 
 
 wiik. 372, The laws of John and the Charter of the Forest 
 
 provided that every freeholder might agist his woods at 
 his pleasure and have his pannage; and might freely 
 
 ' A parallel provision, in a grant early in the 8th century by 
 
 j^thelweard Subregulus of the Hwiccas, contains another illustration 
 
 of the value which the Kings placed upon their rights of pannage. 
 
 Cod Dipl. 56. Whenever a larger crop than usual of mast was produced in a part of 
 Cart.Sax. 116. ,1 , , ^ 1 ^i t;-- , ,. . ^ , 
 
 the land granted, the King, by way of exception from the grant, was 
 
 to retain his right of feed for one herd of swine. 
 
PANNAGE RIGHTS. 309 
 
 drive his swine through the King's woods, for the 
 purpose of agisting them in his own woods or elsewhere, 
 with liberty to tarry on the way in the Forest for a 
 night. 
 
 The Epping Forest Commissioners found that the Final Rep. 
 owners and occupiers of lands and tenements within the 
 regard of the Forest, not being waste of the Forest or 
 inclosures from waste, had a right of common of pannage 
 for commonable swine within the Forest, viz., swine 
 levant and couchant on their lands and tenements afore- 
 said as appurtenant thereto, over all the wastes of the 
 Forest during the time of pannage according to the 
 assize and customs of the Forest. 
 
 The records contain scant evidence of the existence 
 of this right. 
 
 The Hundred rolls show that in the 1 2th century Essex, 1. 152, 
 pannage money was received by Richard and John of 
 Dover, and the Canons and brothers of the Monastery 
 of Hornchurch from their tenants in Havering ; and the 
 Abbot of Stratford Langthorne, founded in 1135, had Lyson-sEnv. 
 
 •r r 1 r i of London, 
 
 tithes of pannage by the gift of the founder. 4- 245- 
 
 The proclamation of James I. by which he stopped 
 the taking of pannage, as the principal means of saving 
 the deer after the severe winter of 1614, also shows that 
 swine were then fed in the Forest ; but as there is no 
 recorded instance of the stoppage of the Forest right of 
 pasture for cattle, and the proclamation itself did not 
 suggest any interference with it, the pannage mentioned 
 was probably only that which was In the demesne woods 
 then belonging to the Crown in Hainault and Loughton. 
 
3 1 o THE FOREST OF ESSEX. 
 
 Among the numerous claims which were made in 
 1630 only three in the Epping division of the Forest 
 include pannage; and of these but two, viz., those for 
 the manor of Leyton, and for an estate in the same 
 parish, claim pannage in the Forest wastes generally; 
 the Epping claim being confined to the woods of the 
 manor. 
 
 The claims of 1653 (which are of less value) include 
 claims for pannage by the lords of the manors of Epping, 
 Ruckholt, and Walthamstow Toney, the customary- 
 tenants of Woodford and Loughton, and the freeholders 
 of the parish of Barking, over the wastes. And in 1670 
 the lords of Epping, of Wanstead and Stonhall, of Wolf- 
 hamston in Chigwell, and of St. John's and D'Ewes 
 Hall, Lambourne Hall, and Cranebrook, in Hainault, all 
 claimed in the Forest wastes ; the last named extending 
 his claim to the King's demesne woods : while the lords 
 of Shyngylhall, and Chambers and Sills in Epping, and 
 of Waltham Holy Cross, confined their claims to their 
 own woods. The tenants, men, and inhabitants of Walt- 
 hamstow, Sewardstone, Stapleford Abbots, and Waltham 
 Holy Cross, and some of the men of Loughton, also 
 limited their claims to the woods of their own manors or 
 parishes ; but the claim of other men of Loughton seems 
 to be more extensive. 
 
 The difference in the form of these claims raises 
 much doubt as to the continuous exercise of any general 
 Forest rights ; and the entries relating to swine in the 
 records of the Court are very few, and only show that 
 their presence in the Forest was not unlawful, so long 
 as the owners observed the rules laid down in the charge 
 
PANNA GE RIGHTS. 3 \ i 
 
 of the Chief Justice of the Forest, that persons not sworn 
 to the assise of the Forest should not come there to look 
 after swine in the fence month, when they ought not to 
 be in the Forest;* and that hogs should be ringed; a 
 conclusion which agrees with the notice of 1 809 already Supm, p. 307. 
 mentioned. For offending against the first of these rules E'cch. Treas. 
 in 1323 William de Coleworth of Epping, and Robert of For. 
 Baldwick of Theydon Boys each forfeited, or had to pay 
 the value of his swine found in the covert of the Forest 
 in the forbidden month. And at the Swainmote in 1634 
 William Nowne of Chingford was fined 20s. for damage, ch.For.Proc. 
 assessed at 55-., done by his swine unringed depasturing ^^^i^™' 
 in the wastes of the Forest, "and upturning the said '°Car. i. 
 wastes to the great banishment and nuisance of the wild 
 animals of the lord the King there, and the damage of 
 the pasture of the Forest." 
 
 Orders made at the Manor Courts of Ruckholt in 
 161 1 and 1 6 14 also imposed fines upon those who 
 should keep any " hogge, bore, sowe, or pigge " on 
 the commons, lord's waste, or highways in the manor 
 unringed for the space of one week ; and notices were 
 given to the Forest keepers to impound the swine which 
 were in the Forest unringed. 
 
 ' " Neque porci sint in Foresta Regis tempore de Foinesun." Leg. For. 
 
 R. I. 
 Wilkins, 
 351-2. 
 
312 
 
 TH]<: FOREST OF ESSEX. 
 
 CHAPTER VII. 
 Inclosures in the Forest. 
 
 " They gave up their whole leisure time to carving bits out of the 
 " Forest, and adding them to their own gardens; sticking up palings 
 " round these bits; here a cantle and there a snippet j here a slab and 
 " there a slicej a round corner and a square corner; a bare piece of turf 
 " or a wooded clump ) and all so neighbourly, encouraging each other the 
 "while with a ' Brother, will this be to your mind?' or 'Help yourself, 
 " ' neighbour ; ' and ' Let me recommend, sir, another slice ; ' or ' A piece 
 " 'of the woody part, dear friend,"" 
 
 HE destruction of the woods and coverts in a 
 Royal Forest for the purpose of converting the 
 land to tillage, and the erection of fences and buildings 
 — the first being known as an assart,^ and the latter as a 
 purpresture — were forbidden from very ancient times, 
 whether the soil belonged to the King or to a private 
 owner. He who committed any of the numerous offences 
 
 ' Walter Besant. 
 
 Dial.ofExchf. ^ Assarts are commonly said to be what by Isidore are called 
 
 bk. I, ch. xiii. occations, when, for instance, the groves or underwood of a forest 
 
 which are convenient for pastures and coverts are cut down ; upon the 
 
 cutting down and grubbing up the roots of which, the ground is turned 
 
 up and cultivated. 
 
INCL OSURES IN THE FOREST. 3 1 3 
 
 against the vert of the Forest which are specified in the H'"^-) 
 laws of Richard I., and which included the assarting of SJi"^"^' t ^^ 
 the wastes, was in the mercy of the King as to his per- 
 sonalty, unless he had the warrant of the Verderers or of 
 the King's Foresters. A curious exception to this rule Diai.ofExchr. 
 was made in favour of the Barons of the Exchequer ; and 
 we are told that Robert Earl of Leicester, having ob- 
 tained a writ from the King to be quit from assarts, in 
 order to save himself without trouble from the exactions 
 of the Forest officers, repudiated the writ and stood upon 
 his rights, upon being reminded by Nigel Bishop of Ely, 
 that his act would cause an inference that the writ of the 
 King was necessary for the quittance. 
 
 The charge of the Chief Justice of the Forest, by Hari. ms. 
 which the jurors were directed to inquire whether any ^^\ti%^be„ 
 persons had inclosed ground bordering upon the Forest, ' ^^" 
 and so had encroached upon the Forest ; or set their 
 hedges and ditches further than they ought, and so 
 straitened the Forest ; and whether any man had newly 
 inclosed his several grounds or wood within the Forest 
 to the prejudice of the deer ; or had subtracted or ap- 
 propriated anything in the Forest that belonged to the 
 King, shows that the practice of inclosing small slices of 
 land, so graphically described by Mr. Besant as carried 
 on in Hainault Forest, was no modern invention, how- 
 ever it may have been kept under control by the strict 
 execution of the Forest laws. 
 
 As a general rule, inclosures in Royal Forests, 
 although made by licence, were subject to the condition 
 that they should still be accessible to the deer ; to which 
 
3 1 4 THE FOREST OF ESSEX. 
 
 Charge to end they were only to be inclosed with such a small ditch 
 
 Jury, Wal- •' ■' 
 
 tham F. 1634, and low hedge, that a doe with her fawn might easily go 
 
 \ 34) Harl. 
 
 Mss. 6389, in and out over the fence. Such a fence ought not, 
 
 fo. 261. 
 
 Attachment according to the assize of the Forest, to be more 
 Ron, 28 Aug. ^^^ £q^j. ^^^ ^ j^^ji" £gg^ }\\^ ; and for transgressing 
 
 PI. For. this rule upon the inclosure of his wood at Fishyde, 
 Roger de Bello Campo (probably Roding Beauchamp) 
 was fined 20s. in 1277, and the hedge was ordered to be 
 destroyed. 
 Close Roll, The condition, however, does not appear to have 
 
 (R. c. p'. 148.) been always mentioned ; as a direction by King John to 
 have an inclosure made in the Forest of Essex for the 
 cattle of the Bishop of London, does not allude to it. 
 
 Sometimes leave was given to the owner of Forest 
 ju^'i^wS- ^^"*i to make it into a park ; and then he was not only 
 ^^35,^5'^^'^' S'llowed, but was bound, if he would avoid the seizure of 
 S39' fo^fbi ^^^ P^^^ ^y ^^ King, to keep it well fenced against the 
 
 King's deer ; inleaps or deer leaps, sometimes also 
 
 called salteries, being strictly forbidden. 
 ch.For.Proc. It was presented in 1630 that there were four such 
 
 Answers" to contrivanccs in the pales of Wanstead Park, "by "w^ 
 inqdries, meancs his Ma"^' deer go out of the said walks into the 
 °' '^^' sayd parke and cannot returne agayne." 
 
 It is probable that the most ancient of the Forest 
 
 parks was Harold's Park, which was already existing 
 1189-90. when Richard I. confirmed it to the Church and Canons 
 tiquEG, m. of Waltham as an inclosed park, with the right to take 
 
 all beasts that they might find therein, and to add to it 
 
 of their woods 30 acres towards the west and towards 
 
 the north. 
 
INCL OSURES IN THE FOREST. 3 1 5 
 
 The Abbot and Convent were licensed by Henry III. gari. mss. 
 
 . No. 391, Reg. 
 
 in I2S7 to add 60 acres to the park from their demesne Cart. Abb. de 
 
 ^' ^ . Waltham, 
 
 lands. And again, in the 14th century, when they desired p- s^d. 
 to add 120 acres of their demesnes to Harold's Park and 
 to Copped Hall Park (which had been given by Richard I. FuUer, Hist. 
 to Richard Fitzaucher to hold in fee of the Abbey, but Abbey, p. 8. 
 was now in their possession), an inquisition was held in Treas.'ofkect. 
 1374 before John le Foxle, the Chief Justice, and the Rolk, b."is3, 
 Forest officers, who certified that if a certain highway ° '**' 
 and footpath leading from Waltham to Epping were not 
 inclosed, the proposed inclosure of the 120 acres, the 
 true value of which by the year they said was 2d. per 
 acre, would be only a little to the injury of the Forest. 
 Probably this inclosure was not made; for in 1379-80 chancery 
 
 . IT-. <-ii 1 <-i->.TTiii Inqus. post 
 
 Baldwin de Hereford, the deputy of De Holand, then mort. 4Rd. 2. 
 
 Chief Justice, held another inquisition, upon which it was 
 
 certified that 162 acres of the demesnes of the Convent 
 
 might be inclosed for the enlargement of the parks, as 
 
 well as a lane adjoining Copped Hall Park, which was chy.Pat.RoU. 
 
 dangerous and hurtful to those passing, because it was "^ 
 
 a receptacle for the robbers of the country,* and had 
 
 ' The forests were always convenient lurking-places for robbers. 
 Macaulay tells us how in the time of William III. (1698) a fraternity Hist, of Eng- 
 of plunderers, thirty in number according to the lowest estimate, ^^^^ ^°1- 5i 
 squatted near Waltham Cross under the shades of Epping Forest, and 
 built themselves huts, froih which they sallied forth with sword and 
 pistol to bid passengers stand. A warrant of the Lord Chief Justice 
 broke up the Maroon village for a short time ; but the dispersed thieves 
 soon mustered again, and had the impudence to bid defiance to the 
 Government in a cartel, signed, it was said, with their real names. 
 The civil power was unable to deal with this frightful evil. It was 
 necessary that during some time cavalry should patrol every evening 
 on the roads near the boundary between Middlesex and Essex. In 
 
3 1 6 THE FOREST OF ESSEX. 
 
 been in all times past an advantageous and secret place 
 
 for trespassers upon the King's wild animals ; and that 
 
 there was a secret and private situation in the lane for 
 
 the destruction of the lord the King's wild animals with 
 
 Duch. of bows, cords, snares, and engines. Leave was accord- 
 
 Rec?pia"a' ingly given to the Abbot and Convent to make this 
 
 ExcK TrJs. inclosure. Copped Hall Park was claimed by the Con- 
 
 Es^xfjiisc. vent in 1489, and it remained their property until 1533, 
 
 ^l^u%l\(> when, by an agreement confirmed by statute, the 
 
 Monastery gave it up to Henry VIII. in exchange for 
 
 other lands.^ It was afterwards granted by Edward VI. 
 
 in 1547 to John Earl of Warwick, who in the same year 
 
 conveyed it to Sir Anthony Denny. 
 
 For. Proc. In 1630 this park, with Waltham Park and Nazing 
 
 tham,6Car.i. Wood Park, belonged to the Earl of Norwich, who 
 
 Exch. Treas. claimed them as free parks inclosed with pales ; as did 
 
 of Rect. Plac. '^ . r 1 ^ 
 
 For. Essex, the Earl of Manchester m right of his wife, the Countess 
 
 1670, cl. 88. . . ° 
 
 of Carlisle, in 1670. 
 
 In Speed's map, dated 1662, Harold's Park, Copped 
 Hall Park, and a park on the north of the town of 
 Waltham Abbey, which may have been Waltham Park, 
 are all marked as inclosures ; as are the two latter, but 
 not Harold's Park, in Norden's map of 1594. But in 
 1766 Harold's Park Is not marked as an inclosure. In 
 Chapman and Andre's large map of 1776, the district 
 
 Celebrated the next century Dick Turpin (who was executed in 1739) and his 
 
 (1821;)'. ' associate, King, took up their quarters in the Forest in a cave between 
 
 Loughton Road and King's Oak Road, large enough to receive them 
 
 and their horses, and from which they Could see what passengers went 
 
 by either road, and could issue forth and rob them. 
 
 ' It was the residence of the Princess Mary in 1551. See i St. 
 Trials, 549. 
 
INCLOSURES IN THE FOREST. 3 1 7 
 
 bearing the name of this park is only occupied by several 
 detached woods ; and the inclosed park on the north of 
 Watham has disappeared. 
 
 As to Nazing Wood Park, the right to inclose and Pat. RoU, 
 
 1 1 r 1 • 1 /• -KT • 1 T^ • 10 H. 3, m. g. 
 
 make parks of their woods of Nasmg and Eppmg was close rou, 
 granted by Henry III. in 1225 to the Abbot and Convent m!%r"' 
 of Waltham during the King's minority, in consideration 
 of the woods of the Monastery at Debden, Loughton, 
 Alewarton, and Woodford, which had been disafforested 
 by the perambulation, being allowed to remain forest ; 
 with a stipulation, that if the King revoked the grant on 
 coming of age, the inclosure of the park should be thrown 
 down, and the disafforested woods should again be put 
 out of the Forest. A corresponding grant of the woods 
 was at the same time made by the Monastery to the King. 
 
 In 13 Hen. III. the right to inclose the woods of pi. For. 
 Nasing and Epping with a little ditch and a low hedge, " '' 
 so that wild beasts might go in and out, was confirmed ; 
 and in 1324 Edward II., on account of reverence for the ExcK Treas. 
 Holy Cross and for the benefit of the said Church, wish- For. i7'Ed.'2, 
 ing to do a special grace to the said Abbot and Convent, 
 licensed them to cause the wood to be inclosed with a deep 
 trench and a lofty hedge, so that the King's wild animals 
 should not be able to enter or go out of the wood, and 
 to hold it without burden or impediment of the King, 
 his heirs, justices, foresters, verderers, or other ministers 
 of his Forest. Application had been made for this grant inqn. post 
 
 _ ■ mort. 13 Ed. i, 
 
 m 1285. 1285. 
 
 The charter was produced, and the claim founded Duch.ofLanc. 
 
 upon it was allowed* at the Justice Seat held in 1489. piac.For.' 
 
 4H. 7. 
 
3 1 8 THE FOREST OF ESSEX. 
 
 ch.For.Proc. At the Justice Seat in 1630, it was presented that 
 
 Justices' the Reeve of Nasing- and three of his fourmen having 
 
 Inquiries, ^ . ,, 
 
 memb. 17. been required by the under keeper of Eppmg Walk to 
 assist him in driving the Forest, "went along with the 
 said keeper until they came to Naseing Wood, and then 
 refused to goe any further with him, or to helpe to drive 
 the wood (there being sheepe and cattell in it) ; pre- 
 tendinge the same to be no pte of y® Forrest." A note 
 in the margin stated that it was adjudged to be within 
 the Forest, but no further action appears to have been 
 taken. 
 
 Ch.For.Proc. At the Swainmote held in 1634 a similar occurrence 
 
 ViTaltham, ^^ 
 
 No. 140. is recorded. The Reeve was fined 20s., but as the fine 
 
 10 Car. I. . _, . 
 
 was discharged by the order of the Court, it may be 
 inferred that he was found to be justified in his refusal. 
 
 There was also a park in Leyton, anciently called 
 
 Corbicum or Corpechum, but in the 15th century Wally 
 
 Wode, and later, Wallwood. 
 
 26 Feb. As in the case of Nazing Wood Park, the first licence 
 
 (1247-8). which was granted by Henry III. merely empowered the 
 
 owners of Gorbicum, the Abbot and Convent of Stratford, 
 
 to inclose it so that the King's wild beasts might still pass 
 
 14 May. in and out ; but by another charter in 1253, they were not 
 
 only allowed to make it into an Inclosed park, and to 
 
 assart and till it, but it was declared to be disafforested. 
 
 Ifch Treas. '^^^^ charter was enrolled in 1277, and confirmations 
 
 For^2t':^^'i *^^ ^* made in 1284, and 1319, were enrolled in 1292 and 
 
 ™7Ed2 1323-4; and claims founded upon it were allowed in 
 
 Duch.ofLanc. 1 489 and on subsequent occasions. 
 
 PI. For. ' After several changes of ownership it became vested 
 
 4 Hen. 7. o i 
 
 37 H. 3. 
 PI. For, 
 
INCLOSURES IN THE FOREST. 3 1 9 
 
 in the Crown, as appears by a suit in the Exchequer in buis and 
 1596 against Ralph Colston, the woodward, for taking Exch.Qiiein. 
 more than his allowance of fee wood : and by another No. 154. 
 
 . , . 1 Entry Book, 
 
 suit during the Commonwealth against Skynner Ryder, Exch. Dec. & 
 then lord of the manor of Leyton, for quieting the euz. vol. 22, 
 
 _, . , . - , . ' ^ , 7 fo. 189S. 
 
 Protector in the possession of this wood; and a decree Exch. Dec & 
 was made accordingly in Trinity Term, 1655. The Common- 
 park was probably a small one, as it is not shown on the 36^, 246d. 
 maps. 
 
 In 1277, Sir Alexander de Goldyngham was licensed '^^'^^- -^"s- 
 
 , . •' ** mentations, 
 
 by Edward I. to inclose his garden and fifty acres of land Cart. Ant. 
 in the Forest contiguous to his manor of Chigwell, and to s Ed. i. 
 make a park of it, but I have found no other entries 
 relating to this inclosure. 
 
 Wanstead Park appears by a grant made by 36 Hen. 8. 
 Henry VIII. in 1545 (from which it is excepted) to have 
 been then lately imparked and inclosed. It was after- 
 wards granted with the manor of Wanstead, to Lord 
 Chancellor Ryche by Edward VI, The claims of Sir S ^^- ^■ 
 Henry Mildmay'in 1630, and of Robert Bloyse in 1670, ch.'waitham 
 show that the park' then contained about 300 acres. b'. 129, m.6i, 
 
 Exch. Treas. 
 ofRect. Plac. 
 
 Wintry Wood was sometimes called a park, but I (c°aim4). 
 have found nothing to show that it was so in the strict 
 sense. The head of the wood called " Old Wyntre" was 
 one of the Forest boundaries in the perambulation made 
 in 1301 ; the name must therefore be of great antiquity. 
 
 In the manor of Wolverston in Hainault, the Earl of Pat. r. 
 
 17 Ed 2 
 
 Arundel, lord of that manor, and Alice his wife, had 94b (r. c.). 
 licence to impark fifty acres in their own manor in the 
 
320 THE FOREST OF ESSEX. 
 
 time of Edward II. There were also several parks in the 
 outlying districts which had been illegally afforested, 
 besides those of Havering and Writele, which were Royal 
 demesne ; and Pirgo, which adjoined Havering. - 
 PI For. Adam de Kaylli had one at Little Waltham, in the 
 
 S Ed. I. -' _ 
 
 hundred of Chelmsford, which had been seized into the 
 
 King's hands in 1277, because it was so badly inclosed 
 
 that the King's wild beasts could pass in and out.. In 
 
 Exch. Treas. 1323-4, the Dean and Chapter of St. Paul's showed at 
 
 ofRect. Fl. -> J t> ^ r ^ 
 
 For. 17 Ed. 2, the Justice Seat a warrant to inclose the wood called Le 
 
 m. 52. . 
 
 Frith, at Leyndon, in the hundred of Barstaple,^ and to 
 Exch. Treas. make a park of it. And in 1368-Q, John Wade, Canon 
 
 ofRect. Misc. ^ ^ •:>■> J ■> . 
 
 For. Rolls, of St. Paul's, had letters patent to enable him to inclose 
 
 B- 15s, ^ 
 
 Roll 26. the park of High Ongar during the King's pleasure. 
 
 A claim to hold this park exempt from the Forest 
 
 was made in 1630, in which year the Ranger complained 
 
 Justice Seat, at the Justice Seat that Sir Richard Munchstow pulled 
 
 memb. 19. ' dowu the rails and let the deer into the park, and would 
 
 not suffer the Ranger to hunt it as Purley ; but " sayes he 
 
 will shoutte my dodges, and sue me in the Star Chamber." 
 
 Bk. 3, ch. 3. Parks at last became very numerous. Polydore Vergil 
 
 complained that " now thei be euery where vsed ; but 
 
 most commonly in Englande to' the greate damage of 
 
 good pastures that might fede other cattel." 
 
 H. 2, § 10, Inclosures of large tracts of the Forest wastes for 
 
 Ben. Pet. 2, . ^ , 
 
 cixiii. (M. R. the purpose of Cultivation, also began at a very early 
 R. I, §§ (xi.), period, and were not only the subject of special regula- 
 
 (xvi.). J J 1. o 
 
 Hoved.chron tious Under the Forest laws of Henry II. and Richard I. ; 
 
 4.65(M.R. ■' 
 
 S ) 
 ■'■ ' Barstaple had been put out of the Forest by the perambulation of 
 
 zg Edw. I, 
 
INCLOSURES IN THE FOREST. 321 
 
 but if Thorpe be right in considering the article " De ^'^^^'^tit'utTs 
 placito Forestarum," and other articles included in the of England, 
 laws ascribed to Henry I., as a compilation of ancient 
 Saxon laws, they must have been dealt with by Forest 
 laws before the Conquest. 
 
 In a grant by Richard I. to the Abbey of Waltham inspex. 
 Holy Cross in 1189-90, he acquitted the monastery of charter RoU, 
 
 111 /- iTr i 1 Essex.m. 17a. 
 
 many hundred acres of assarts ; at Waltham, 300 acres ; 
 at Nasing, 1 60 acres ; at Epping, 60 acres ; at Suwar- 
 deston, 140 acres; atWudeford, 32 acres ; at Alewarton 
 (Alderton in Loughton), 80 acres, and of waste made in 
 the same vill before the arrival of the Canons ; at Luke- 
 ton (Loughton), 40 acres ; at Tipedene (Debden in 
 Loughton), 39 acres; at Walde, 40 acres; at Upminster, 
 104 acres ; at Passefeld (Passelow), 60 acres ; and at 
 Nettleswell, 40 acres ; ^ and the acquittance was confirmed 
 by Edward L, so that the monastery should assart no 
 more out- of the King's woods ^ without the consent of 
 him or his heirs. It is shown by later entries that these 
 lands were not afterwards treated as assarts. 
 
 "When application was made for leave to assart or See inquiry as 
 
 • to Nazing, 
 
 mclose, the course was to direct an mquiry by the Ch. inquis. 
 
 11-11 1 P°^' mortem. 
 
 Foresters, Verderers, and Regarders, and twenty- four 13 Ed. 1,1285; 
 Jurors, before the Justice of the Forests, whether the St. Paul's, 
 proposed inclosure would be to the injury of the Forest; n h. 3! p. i,' 
 
 n. 7, and to 
 
 ■ If these quantities were measured by the Forest perch, which was Ch. Pat. Roll, 
 twenty-four feet, they would be nearly a third greater than the present ^' -^^ 3> P- i. 
 standard measure. The lesser perch was, however, sometimes used in Ch. inq. p. m. 
 the Forest. i3 Ed. r. 
 
 ^ The King's wood in the sense in which the Forest was the King's. 20 Ed. i 
 The soil was in the Abbot and Convent. 1292. 
 
3 2 2 THE FOREST OF ESSEX. 
 
 Peter deTany, that is, whcthcr it would disturb or interfere with the 
 
 Ch. Inq. 
 
 4S H. 3, haunts of the deer : and if the report was favourable a 
 
 No. 33 ; Ch. ' ^ 
 
 Pat. Roll, licence was granted, subject to the condition already 
 n. 20. ' ' mentioned as to the manner of inclosing. 
 
 When the land was assarted without licence it might 
 
 be seized and held by the King until it was redeemed by 
 
 payment of a fine ; and a yearly rent was exacted for 
 
 liberty to keep it inclosed and cultivated. 
 
 Ben. Pet. 2, The Forest laws of Henry II. and Richard I. pro- 
 
 Hov. 2. 243, vided minutely for the inspection of assarts both old 
 
 wiikins,' and new ; of purprestures and wastes of woods, whether 
 
 of the King's demesnes or otherwise; the fenced 
 
 grounds of the King, the mines, the eyries of hawks, and 
 
 the forges in the forests, were ordered to be inspected, 
 
 and were all to be separately registered ; and the new 
 
 assarts, and such of the old assarts as had been sown 
 
 with grain since the last Regard, and the corn or pulse 
 
 with which they were sown, were to be noted. 
 
 The new assarts were to be taken into the King's 
 Ibid. hands ; each acre of the old was to pay to the King, from 
 
 its produce, 1312^., if sown with winter or summer corn ;^ 
 and 6d. if sown with oats, barley, beans, peas, or other 
 Bk. I, ch. xi. pulse. But according to the Dialogues of the Exchequer 
 the payments were i^-. per acre for assarts sown with 
 wheat, and 6d. per acre for oats ; and this agrees with the 
 payments demanded for the assarts in the Forest of 
 Essex in 1277. 
 
 ' " Fmmento vel siligine." The authorities are not very clear as to 
 the exact meaning of the words ; but I think it is as stated. There 
 appear to have been crops of winter and summer corn in succession, 
 with an occasional crop of oats. 
 
INCLOSURES IN THE FOREST. 323 
 
 The jurors were accordingly charged at the Justice See charge at 
 
 Seat to inquire into all new assarts; who made and Seat of 1634, 
 
 §5 47. 48. 
 held them, their contents, and yearly value, what Hari. mss. 
 
 wood or pasture had been tilled, and the value of the 
 
 corn. 
 
 At the Justice Seats held in 1277 and 1292, forHac. For. 
 
 Waltham Forest, the payments for old and new assarts 20 Ed. i. 
 were duly fixed in obedience to these regulations ; and 
 if the entries represent correctly the quantities of the 
 assarted lands, the laws must then have been fairly effec- 
 tive in preventing inclosures. 
 
 In 1277 the arrentations comprised about 10 acres Piac. For. 
 of assarts in Theydon Bois ; about 20 acres of old and 
 new assarts and purprestures in Chigwell ; 10 acres in 
 Epping ; between 3 and 4 acres in Roothing Aythorp ; 
 in Chingford about 24 acres belonging to St. Paul's, and 
 of which it was quit by charter; and over 4 acres in 
 Theydon Gernon. All these, except the Chingford 
 assarts, and such as were /rise {i. e. fresh or fallow), for 
 which the law exacted no payment, were entered as 
 having been so many times under winter corn, and so 
 many times under summer corn, and were rated accord- 
 ingly, by the scale mentioned in the Dialogues of the 
 Exchequer. 
 
 During the relaxation of the Forest laws after the 
 death of Henry VIII., the practice of inclosing lands Patents, 
 without licence appears to have increased ; and to have • > p • • 
 been allowed, provided that a certain part of the land 
 was sown with corn, to which the deer could have access. 
 
 y 2 
 
324 THE FOREST OF ESSEX. 
 
 The proclamation of Edward VI. in 1548, states that 
 " div's greedye psones having in their hands sundry 
 closes and pastures within our said Forest where manye 
 of our seid Deare have accustomably used to feede under 
 the colo" and p'tence of sowying of some little p'cell 
 thereof withe corne, have for their pryvate gayne and 
 proffett so enclosed the seid closes and pastures withe 
 such unreasonable hedges and dyches, as our seid Deare 
 have been utterlye defraudyed and hyndryed of their 
 feeding and lybtye, contrarye to our Lawes, and to the 
 great famyshing and distrucyon of our said Deare" ; it 
 was therefore forbidden to inclose with any such un- 
 reasonable hedge or ditch any of the said closes or 
 pastures, unless the more parts thereof were sown with 
 corn. 
 
 Two instances are recorded in which Queen Eliza- 
 
 ch.For.Proe. beth discharged obligations to her servants by making 
 
 m. 18. ' grants of land in her manor of Barking in the Forest. 
 
 One of these, a grant of nine acres, was made in 1583, 
 
 to Andrew Tuggell " Armorer, for the perilous service 
 
 of the said Andrew heretofore to the said lady the Queen 
 
 and her predecessors done in war, he now being old and 
 
 ch.For.Proc. decrepit." And in 1602 William Hunt, one of the 
 
 m. 1 6'. ' Queen's Trumpeters, and Susan his wife, were licensed 
 
 to inclose and build a house upon five acres of the waste 
 
 in the same manor. The reason for this grant was, that 
 
 one Egham, the former husband of Susan, had discharged 
 
 the duty of keeper of Walthamstow walk for two years 
 
 without pay, and had died before a patent had been 
 
INCLOSURES IN THE FOREST. 325 
 
 granted to him for the place; so that Her Majesty 
 remained in his debt for his service 24/. unpaid ; "to the 
 greate losse and hinderance of the said William Egham, 
 his poore wife and many children." 
 
 At the Swainmote of 1594, among many present- For. ofWai- 
 
 . . 1 , - tham, 36 Eliz. 
 
 ments for offences agamst venison, there were only a few (Bodi.). 
 
 relating to purprestures committed by felling groves, and 
 
 making unlawful inclosures and hedges. But it seems 
 
 that many inclosures must have been allowed by the 
 
 Forest officers to pass without notice, or that the Crown 
 
 had always kept account of the old assarts ; for James I. 
 
 soon after coming to the throne empowered commissioners 
 
 to sell the assarts, wastes, and purprestures in some of 
 
 the Forests, and to grant discharges of the mesne profits ; 
 
 doubting not, as he said in a later proclamation, that his 
 
 loving subjects "whom it did concerne, and who have st.Pap.Dom. 
 
 . . Procln. 12 
 
 bene long in possession of the sayd landes at very low May, 1605. 
 rates, would have taken care in time to have provided for p. 104. 
 their own profit, safetie, and peace therein." But as 
 few of them came in, and strangers offered to com- 
 pound with the King, he declared that if the possessors 
 of the lands did not come in and compound before 
 the I St October, 1605, the lands would be disposed of 
 to others. 
 
 Fifteen years later James renewed with better success ExcH. Spi. 
 
 Comns.Essex, 
 
 his attack upon the holders of the assarted lands by issuing 17 Jas. i, 
 
 • • r.- -NT- 1 1 ^ 1 i , No. 3822. 
 
 a commission to bir Nicholas Coote and others ; autho- 
 rizing them to perambulate and map out all his forests, 
 parks, and chaces in Essex, and their ancient metes and 
 
3 2 6 THE FOREST OF ESSEX. 
 
 boundaries, and to survey all buildings, grounds, and 
 lands enclosed, incroached, or erected out of or upon his 
 wastes or commons ; and to inquire concerning all assart 
 lands, wastes, and purprestures in the soil of the King or 
 his subjects; who were the tenants; what estate they 
 had ; of whom they held ; by what rents ; to whom paid ; 
 how many acres ; the state of cultivation, and the reason- 
 able value for letting. 
 St.Pap.Dom. . xhe Commissioners reported that there were in 
 
 Jas. I, vol.203, ^ 
 
 No. 20(11 Chingford, Wanstead, and West Ham sixty acres of 
 
 May, 1620). a ■> J 
 
 assarts, and in the same parishes and in Walthamstow 
 and Epping other lands assarted and inclosed within 
 the last forty years, and held by different landowners ; 
 but which, because of the ambiguity, uncertainty, and 
 decay of the metes and bounds, could not be distin- 
 guished. 
 13 Feb. 1620- In the following year the King, on payment of 349/., 
 
 of pt- of granted these assarts to Thomas Boothby, Robert Symond, 
 Earls. Edward Atkins, Richard Searle, and Edward Searle, five 
 
 of the land owners (probably as trustees for the whole 
 body of them), at small rents, subject to the Forest laws 
 and to tithes. 
 
 Ch.For.Proc. The Certificate of the regarders of the Forest at the 
 
 Waltham, P 
 
 6 Car. I, Regard held in 1630 shows that during the end of the 
 1 6th and the early part of the 17th centuries, an extra- 
 ordinary number of houses and cottages were built in the 
 Forest; some upon unauthorized incldsures from the 
 wastes, and some on the old inclosed lands ; small 
 gardens, pightles, or other inclosures being attached 
 
INCLOSURES IN THE FOREST. 
 
 to many of them. The numbers presented were as fol- 
 lows : — 
 
 327 
 
 
 On Waste. 
 
 On Old Inclosures. 
 
 Walthamstow 
 
 7 
 >3 
 S 
 I 
 8 
 
 25 
 
 6 
 
 4 
 
 I 
 
 II 
 
 3 
 
 S 
 2 
 
 Woodford 
 
 Wanstead 
 
 + 
 
 2 
 
 Westham 
 
 Leyton , 
 
 C 
 
 Barking 
 
 10 
 
 Dagenham 
 
 7 
 
 Chingford 
 
 Waltham 
 
 12 
 
 and 
 
 21 ? 
 
 Nazing '. 
 
 2? 
 
 EoDiner 
 
 % 
 
 Lambourn 
 
 5 
 
 Chigwell 
 
 s 
 
 Theydonboys • 
 
 
 
 
 Loughton, position doubtful . ... 24 
 
 98 
 Total.,.. 
 
 86 
 98 
 24 
 
 
 208 
 
 The presentments also included, in most of the 
 parishes, separate . inclosures of small pieces of land, 
 seldom exceeding half an acre in extent ; and in several 
 of them inclosures both of waste and inclosed land ; brick 
 kilns, and brick and gravel pits ; forges, walls and pales ; 
 woods felled, stubbed, and left unfenced ; conygrees or 
 rabbit warrens ; groves, coverts, and fences spoiled by 
 tressling ; and forest ways uncleared and choked up. 
 
 Many presentments of the same kind were made in 
 1634; ^-iid i'^ 1640, on the petition of John Wroth, the st. Pap.Dom. 
 
 ch. I, vol. 384, 
 
 lord of the manor of Loughton, and of the rector of the 
 
328 THE FOREST OF ESSEX. 
 
 parish and others, the Earl of Holland, Chief Justice of 
 the Forests, desired "Sir William Hix " [Hicks], the 
 Lieutenant of the Forest, to forbid the proceedings of 
 three persons, who, as the petitioners complained, were 
 seated in several habitations, yet were building them- 
 selves dwellings on the common of the Forest, contrary 
 to the laws of the Forest and kingdom ; and to the im- 
 poverishing of the parish, the destruction of the common 
 of woods, and the evil example and encouragement of 
 others, " there being at this tyme many houses empty 
 and to be hyred." 
 Exch. Treas. At the Tustice Seat in 1670, there were also many 
 
 ofRect. Plac. -' ' ' ^ 
 
 For. County presentments of inclosures and buildings. The smaller 
 
 Bags, Essex, . 
 
 No. 8, inclosures were for the most part arrented, but some were 
 
 22 Car. 2. ^ 
 
 ordered to be pulled down. One man, who had enlarged 
 
 his house, had the choice of paying a fine of 20/., or of 
 
 pulling down his building, and paying a fine of 5/. for the 
 
 trespass. He chose the first alternative. In the case of 
 
 a large inclosure of 1 50 acres, the fact of the offence was 
 
 Exch. Treas. Ordered to be tried. Another inclosure of 80 acres, part 
 
 For. Essex,' of Knighton Wood in Woodford, had been thrown down 
 
 by the inhabitants. The offender submitted to a fine of 
 
 6/. 135. 4^., and the inclosure was again ordered to be 
 
 destroyed. But it seems doubtful whether this was done. 
 
 st.pap.Dom. There are drafts of licences by the Chief Tustice to Tohn 
 
 Car. 2,1670-1, . , 
 
 fo. 229, 231, Hayes, the owner of the wood, to fell and inclose it ; and 
 
 M^Dec. of a respite of the order of " prosternation " ; and of a 
 
 ]oo,°fo^"3"c^'.^ petition by Hayes, praying that the "prosternation" of 
 
 his fences might be respited, on the ground that he was 
 
 a very honest and loyal person as to the King's interest; 
 
 that he was at Chelmsford to serve His Majesty when 
 
INCLOSURES IN THE EOREST. 32O 
 
 Sir William Hicks and Mr. Boroughs were there and 
 others, and appeared in arms to receive commands for 
 the King upon the Colchester business; that he was 
 plundered of his plate and horses to the value of 500/. 
 and upwards ; had always refused to send out a horse 
 against the King ; was fined 200/. several times, and had 
 been a sufferer by many thousands of pounds for several 
 persons of great quality, that had suffered by the late 
 usurped power. 
 
 In 1666, Sir Henry Wroth, lord of the manors of 
 Loughton and Chigwell, applied to the Crown for a st.Pap.Dom. 
 licence to inclose no less than 1,500 acres as his share to^i'e?©' ^"^ 
 of the 4,000 acres of which it was said that the wastes of no^'^s. '' 
 these manors then consisted. Sir Edward Turner re- st.Pap.Dom. 
 
 Ceir 2 vol. civ. 
 
 ported that if the inclosures were made according to the No." 2! 
 Forest laws, the King's interest in the land would not be 
 impaired ; and the Calendar of State Papers contains a 
 warrant dated i6th July, 1666, to the Attorney-General st.Pap.Dom. 
 
 • 1 1 . Warrt. bk. 
 
 to prepare a licence to inclose the 1,500 acres with small 1665-610 
 hedges and ditches, and to convert the same into tillage Entry bt. 
 free from the Regard of the Forest. The inclosure was 
 never made, or, so far as appears, even attempted ; and 
 there can be no doubt that it would have been prevented 
 by the commoners and other inhabitants, who were 
 already beginning to resist large inclosures. 
 
 A few licences to inclose are recorded between the 
 dates of the last Justice Seat (1670) and the commence- 
 ment of the regular series of extant rolls of the Court of 
 Attachments (17 13). One was a licence to make a road zDecsAnne, 
 and avenue, leading from the Epping highway to Copt Record 
 
330 THE FOREST OF ESSEX. 
 
 Office, Hall Park, on the report of the Surveyor-General that 
 
 E^oiments, there were no deer or timber there ; and that it was 
 fo!T'^°' ' desirable to use the land thereabouts for nursing up 
 Lett^okz, young trees, and improving the soil. 
 
 p. 267, Office 
 of Com. of W. 
 
 Revenuer'^- The records of the Court of Attachments from the 
 
 year 17 13 to 1848, show that during this period an 
 almost continuous series of inclosures of parts of the 
 Forest waste took place. At first they were but few, 
 were usually made by licence of the Chief Justice, and not 
 without attention to the rights of the persons interested. 
 The consent of the lord of the manor, and of the inhabi- 
 tants of the part in which the land was situate, and who 
 may be supposed to have been consulted as commoners, 
 was required, as well as a report by the Verderers that 
 no harm would be done to the rights of the King. About 
 80 acres were inclosed in this manner between 17 14 and 
 1724, one piece consisting of 20 and another of 40 
 acres, and the rest being very small plots. A few 
 licences continued to be granted till the middle of the 
 century, and during this time there was little or no notice 
 of unauthorized encroachments. But in 1751, 1752, 
 and 1753, a great number of presentments were made of 
 inclosures and fences, of the digging and destruction of 
 pits, turf, and bushes, and other nuisances. It is not 
 likely that all these were new occurrences ; and I am 
 inclined to attribute the sudden activity of the Forest 
 Auachment officers to the appointment of a new verderer, Mr. — 
 Rolls, 2 1 Aug. afterwards Sir — Crispe Gascoyne. An entry on the 
 rolls soon after this time, shows that the lords of the 
 manor of Barking insisted upon a right to authorize 
 
INCLOSURES IN THE FOREST. 33 1 
 
 inclosures made outside the Forest gates, which kept 
 the cattle from straying into the lanes ; a claim which 
 was probably founded upon the neglect of the Forest 
 officers to interfere with such inclosures. 
 
 During the third quarter of the i8th century very 
 few licences to inclose were presented ; but many pre- 
 sentments were made of unlawful inclosures and other 
 depredations, including one by the parishioners of 
 Romford ; who were accused of removing the Forest :^",?<='i™ent 
 
 " _ Roll, 8 Jime, 
 
 boundary marks, and thereby of encroaching upon 1770. 
 
 it to the extent of 60 acres : and, not long after. Attachment 
 
 . » » fe > Rolls, 29 July, 
 
 the stoppmg of seven different roads, " which were 1771- 
 Ancient Riding Ways for all his Majesties Leige Sub- 
 jects to pass and repass on Foot or Horseback," was 
 presented. 
 
 Another encroachment proved very costly to the 
 incloser, although he took the precaution of obtaining 
 a lease from the Crown. The land was Knighton Wood, 
 in Woodford, and as it then contained only 42 acres, it 
 may be inferred that part at least of the inclosure which 
 was destroyed by the inhabitants in 1670, when it was 
 said to contain 80 acres, had been replaced. On the 
 present occasion the wood was inclosed and grubbed q^-^^'?-^° 
 up ; but the fences were pulled down by the direction, works. 
 it was said, of the steward of Earl Tylney, who probably 
 refused to recognize a permission to inclose, not made 
 by the Forest authorities. The owner of the land, having 
 failed in an action of trespass, was put to costs, which, 
 with the useless outlay on the land, he said amounted to 
 1,095/. > ^^^ the Treasury granted him 300/. by way of Treasury 
 compensation. This wood was afterwards the subject i3May,'i78i. 
 
33 2 THE FOREST OF ESSEX. 
 
 of the action of The Attorney-General v. Hallett, which is 
 mentioned later.. 
 
 The effect of the suspension of the Courts during 
 Supra, p.103. the dispute which ended in 1785, about the right to ap- 
 point a Steward, was, as is recorded on the rolls, that the 
 Forest was open to the depredations of all who chose to 
 rob and trespass on it ; and many illegal inclosures were 
 doubtless made at this time. When the dispute was 
 settled on the accession of Sir James Tylney Long to the 
 ofifice of Warden, vigorous attempts were made to stay 
 the spoliation. Thirty-one inclosures were presented at 
 the Courts of August and September, 1785; and such 
 was the zeal of the new Warden, that he visited with the 
 Forest officers twenty encroachments in Theydon, Lough- 
 ton, and Chigwell, began to pull down the fences round 
 some of them, and ordered the rest to be abated. Some 
 of these inclosures were in the purlieus, over which the 
 Forest officers still continued to assert the ill-defined 
 rights of the Crown. ^ 
 
 In 1796 the verderers refused their assent to the 
 inclosure of the wood called The Sale wood, in Waltham- 
 stow. The fences were thrown down and the ways, which 
 had been interrupted, restored. Many small encroach- 
 ments were again ordered to be thrown down by the 
 under keepers when the offenders refused to obey the 
 orders of the Court ; and after further presentments 
 
 ' In 1793 the Commissioners appointed to inquire into the state 
 and condition of the woods, forests, and land revenues of the Crown, 
 presented to Parliament the valuable report, from which I have made 
 many extracts. 
 
INCLOSURES IN THE FOREST. 333 
 
 another order was made, in 1796, that the under keepers 
 should throw down the fences of twelve persons who re- 
 sisted, and should continue to do so as soon and as often 
 as they should be put up again. The subjects of these 
 and other orders were " cantles," and "snippets," of 
 land, mostly measured by the rod, sometimes by the 
 yard, and seldom exceeding a quarter of an acre ; and it 
 would probably have been difficult for the Forest officers 
 to note them all, even if they did not sometimes overlook 
 them from an unwillingness to interfere with their neigh- 
 bours, or for other reasons. It does not appear at this 
 time that the right of the Forest Court to prevent in- 
 closures authorized by the lords of the manors, was 
 disputed by them ; and an entry on the Court rolls of the Court RoUs, 
 
 - i 13 May, 1788. 
 
 manor of Sewardstone, expressly admits that a grant by 
 the lord of five acres, became abortive in consequence of 
 the refusal of the Forest officers to consent to the in- 
 closure. But the Court of Attachments, in the beginning 
 of the 19th century, wearied perhaps by the prolonged 
 contest with the inclosers, who still persevered in their 
 work, became more lax in their opposition, and allowed 
 many of the fences to remain ; on the grounds that some Draft letter of 
 
 . . ,, , . 1 , the steward of 
 
 of the pieces taken m were small and unimprovable spots the court to 
 
 i-ii'i r • 11 Secretary in 
 
 of ground ; that the inclosure of some improved the Eyre, 10 Aug. 
 roads ; and that some were granted for the building of 
 cottages, which might be a protection to the roads and 
 to the Forest ; in other cases they were allowed to 
 those who from long residence, or as large owners of 
 property in the Forest and contributors to the expense of 
 protecting its rights, were thought to be entitled to such 
 an indulgence. 
 
334 THE FOREST OF ESSEX. 
 
 See Rep. of In the vcar 1805, the Commissioners of Woods and 
 
 Com. of 1863. . 
 
 Pari. Pap. Forests, actingf upon the recommendation of the Com- 
 
 1863, vol. 6. , . b f 
 
 missioners of Land Revenues in 1793, adopted a course, 
 the repetition of which in later years greatly increased 
 the general confusion. This was the sale of the manor 
 of West Ham with its wastes, (then vested in the Crown) 
 and the forestal rights of the Crown, by way of extin- 
 guishment in the soil.* The grant of the forestal rights 
 in the manor was confirmed in 181 1. 
 Bouicott V. The sale was followed, in 1 807, by an action (which in 
 
 Camp. 261. the opinion of Sir George Jessel, M. R., was collusive) by 
 the owner of a piece of the inclosed waste of this manor, 
 against a person who was alleged to have destroyed the 
 fences of, and to have trespassed upon the inclosure ; to 
 which a right of common being pleaded, the plaintiff set 
 up a grant of the land by the lord of the manor under an 
 alleged custom, and on the trial obtained a verdict. 
 The plaintiff denied that the land was within the Forest, 
 intending I suppose to rely upon the grant of the Crown 
 rights as a disafforestation. The judge before whom the 
 question whether the custom was compatible with the 
 Crown rights was argued, assumed however that the land 
 was in the Forest, and held that the question depended 
 upon the nature of the inclosure ; that if the fences were 
 higher than the Forest law permitted, the Forest officers 
 might still break them down ; and that the custom, 
 
 ' A general power to sell Crown lands was given by 42 Geo. 3, 
 c. 116 ; and by 57 Geo. 3, c. 97, s. 4, and 1 & 2 Geo. 4, c. 52, s. 12, 
 powers were given, first to sell the franchises, and then the rights of 
 forests, free chase, and free warren, to the owners of lands affected by 
 them, so that the rights might be extinguished. The duties of the 
 ■ Commissioners were further regulated by 14 & 15 Vict. c. 42. 
 
INCLOSURES IN THE FOREST. 335 
 
 which he held to be proved, only affected the rights of 
 common. 
 
 The judgment seems to have been given in ignorance 
 of two facts, neither of which was mentioned to the 
 judge; viz. that all unlicensed inclosures, whether with 
 high or low fences, were contrary to the law of the 
 Forest ; and that the forest right of common was not a 
 manorial right, and therefore could not be taken away 
 under a custom of the manor. 
 
 Acts of Parliament passed in 181 2 and 1829, show 52^60.3, 
 
 ■^ -^ ' c. 161, ss. ir, 
 
 how the orders of the Courts of Attachment, both in this 13, is ; 
 
 repeated 
 
 and other Forests, were set at naught by the land in- lo Geo. 4, 
 
 c. 50, ss. 100, 
 
 closers. They state that although the fences of many of 104. 
 the unlawful inclosures, and also the houses and buildings 
 erected thereon, had been thrown down by the Forest 
 officers, they had been again reinstated by the trespassers 
 or by others. They directed that all unlawful encroach- 
 ments should be inquired of by the verderers in the 
 Court of Attachments ; that the persons who made or 
 continued them should be prosecuted in the same Court, 
 and might be fined by the verderers for every such 
 offence in a sum not exceeding 20/., to be recovered 
 before a Justice of the Peace; and that the encroach- 
 ments should be abated. The Forest officers were also 
 required before every Court of Attachments to take 
 account of and present at the Court all encroachments, 
 and make oath that to the best of their knowledge there 
 were no others ; and the Court was empowered to fine 
 the Forest officers for neglecting to prevent encroach- 
 ments. But the Act of George IV. provided, that if it lo Geo. 4, 
 was alleged that the place in question was beyond the '^'^°' ^' '°°" 
 
Works. 
 
 336 THE FOREST OF ESSEX. 
 
 limits of the Forest, the verderers had no power to 
 decide the case, but were to certify it to the Attorney- 
 General. 
 Rep. of Sei. The defence suggested was of course frequently set 
 
 Evid. pp. 22, ' up, and many certificates were sent to the Attorney- 
 General ; but as he very rarely advised the Crown to go 
 to the expense of prosecuting the offenders, they retained 
 possession of most of the inclosures. In consequence, 
 however, of the first Act, 47 presentments of encroach- 
 ments were made in September, 181 2 ; and 80, of which 
 59 were in Epping, in June, 18 13. 
 Mr. Long At this time, Mr. Long Wellesley, who had assumed 
 
 Wellesley's ' ° •' 
 
 statement, the ofifice of Warden, consulted several of the Forest 
 
 22 Feb. 1813, 
 
 Office of officers as to the prevailing abuses, and why they were 
 permitted. Here is the Warden's description of the 
 state of the Forest. Gravel and sand pits were open in 
 all directions, and the materials removed without restraint; 
 large spots of ground from which the turf had been 
 removed ; rods of ground dug up, and the soil removed 
 for use in gardens both near to and distant from the 
 Forest ; bushes and underwood cut and removed at 
 pleasure ; deer-stealers so numerous, that there was 
 hardly a small house in and for miles round the Forest, 
 which did not contain one or more ; greyhounds and 
 lurchers kept by most of the poor inhabitants, and. by 
 unqualified farmers round the Forest ; encroachments by 
 incldSures and buildings in various parts ; workpeople 
 trespassing in all directions, and at all seasons ; oak 
 timber shamefully destroyed; young trees and tellers 
 wasted ; and pollards and underwood lopped and carried 
 away. 
 
INCLOSURES IN THE FOREST. 337 
 
 The officers questioned, accounted for these excesses 
 by stating that they had at considerable expense taken 
 trespassers before the magistrates, but having been re- 
 peatedly disappointed in obtaining convictions for want 
 of the support by the Warden or his Steward, they were 
 obliged at last to decline proceedings, and to overlook 
 misdemeanors. 
 
 Mr. Long Wellesley proceeds in his statement, to 
 set forth how he had stopped the wasting of the Forest by 
 giving notices, presenting encroachments, and prosecuting 
 those who unlawfully kept dogs ; and he boasts not a 
 little of the good effect of his exertions. 
 
 The Rolls of the Court show that, in truth, a few Roiis,28june, 
 convictions were obtained for various offences in the 
 Forest. But the lessons taught by the case oiBoulcott v. 
 Winmill, and by the grant of the forestal rights in West 
 Ham, had not been thrown away. In June, 18 13, we id. 
 find the steward of the manor of Barking, setting up a 
 right to make grants under the custom of the manor; 
 and at the next Court, the, steward of Loughton, pointedly RoUs. 9 Aug. 
 referring to the decision, asserted the power of the lord 
 of the manor, to make grants of the waste for inclosure 
 before applying' to the Forest Court, though admitting 
 that the Court could throw open the fences, if they were 
 prejudicial to the forest rights. 
 
 At the same time the Court of Attachments virtually id. 
 surrendered the whole position to the inclosers and the 
 lords of the manors, by passing resolutions that It would 
 not interfere either with past or future small encroach- 
 ments on the sides of public roads or lanes, or in any 
 other places within the legal boundaries of the whole 
 
338 THE FOREST OF ESSEX. 
 
 Forest where the deer did not usually depasture or come 
 to feed ; provided that the inclosers produced to the 
 Steward of the Court, copies of the grants by the lords or 
 ladies of the manors, in order that they might be enrolled 
 as encroachments on the Forest. But encroachments 
 made without grants from the lords, or the grants of 
 which were not produced, were, by the order of the 
 Court, to be thrown open. Encroachments in places 
 where the deer did usually depasture, were to be presented 
 to the Court, which would proceed in such manner as they 
 should judge most proper for preserving the rights of 
 the Crown and the jurisdiction of the Forest ofificefs. 
 These and other resolutions concluded with a provision, 
 which might serve as a model for some modem adminis- 
 trators of the law, that the Steward should carry them 
 into effect with as little inconvenience to the parties as 
 was practicable. The roadside strips of grass land, 
 which were of much value to the small commoners, and 
 which added so much to the beauty of the Forest roads, 
 were thus left at the mercy of any who chose to take 
 them with, or subject to very slight risk, without the 
 consent of the lords of the manors. As might be ex- 
 pected, only a few of the old encroachments were brought 
 for inrolment, and many new inclosures continued to be 
 made, of which some only were stated to be with the 
 consent of the lords. 
 
 Annual Re- A proposal is Said to have been under consideration 
 
 p.^8T'(I°6i).' in 1 761, for dealing with the whole Forest by cantoning 
 
 it into inclosures (which were to be planted with oak), 
 
 for the benefit of fattening lean cattle for the use of the 
 
INCLOSURES IN THE FOREST. 339 
 
 navy : the underwood and timber being sold to defray 
 the charges, or burned into charcoal for the use of Her 
 Majesty's powder mills. 
 
 Nothing came of this scheme: but in 181 7 the Attachment 
 
 . . - Roll, 22 Sept, 
 
 Commissioners of Woods and Forests gave notice of 1817. 
 their intention to apply to Parliament for an Act to vest 
 part of the Forest in the Crown ; to extinguish the rights 
 of common ; and to disafforest the whole Forest, 
 
 Their proposal was that two-thirds of the King's circular issued 
 woods in Hainault Forest, containing about 3,278 Comrs. 6Nov. 
 acres, and the soil of which belonged to the Crown, 
 should be allotted to the King; the other third, with 
 the forestal rights over it, being relinquished to the 
 commoners ; the Crown retaining a right to cut and 
 remove the timber and underwood, unless the land was 
 allotted in severalty : in which case the owners of the 
 allotments should have a right of pre-emption over the 
 timber and underwood. 
 
 Of the remaining waste, computed to contain about 
 9,000 acres, ten fifty-second parts were to go to the 
 Crown, free from rights of common and other rights ; 
 and the rest to the owners of estates and other persons 
 having rights of common. 
 
 These proposals created great alarm through the Haii's letter, 
 Forest. Public meetings were held in opposition, and 
 memorials signed by more than i ,000 persons were sent 
 by twelve parishes, and also by a general meeting of 
 lords of manors, verderers (of whom three out of four 
 opposed the plan), and other Forest officers, landowners, 
 and occupiers. 
 
 The Rector of Loughton, Mr. Burgoyne one of the Letters, 
 
 ° •' 25 Nov, 1817; 
 
 A 2 
 
340 THE FOREST OF ESSEX. 
 
 i8 Api. 1818 ; Verderers, and Mr. Risrsf the Riding- Forester, are the 
 26N0V. 1817. °° . ° 
 
 — only persons whose opinions in support of the scheme are 
 
 19 jmie, 1819. on record; but the Lord Warden in 18 19, stated his 
 approval of a general disafforestation. 
 
 The effect of the opposition, however, was that 
 
 30 March, another circular was sent out by the Office of Woods and 
 Forests, stating that they never intended to urge a general 
 inclosure of the wastes contrary to the wishes of the 
 majority of the freeholders, but only wished to obtain 
 separate allotments for the Crown in respect of its 
 interests ; and to leave the rest for the landowners free 
 from the Forest Courts, the pasturage of the deer, and 
 
 Heads of Biu. the Other forestal rights of the Crown. Adhering to the 
 original proposal as to the proportions in which the 
 Hainault wastes should be divided, they now put the 
 Crown rights in the Epping division at nine thirty-second 
 instead often fifty-second parts; proposing that the timber 
 should be taken by the owners, or be paid for by the 
 Crown, that the deer should be removed, and the Forest 
 disafforested at the end of two years. 
 
 Resolutions, The amended scheme was also vigorously opposed 
 
 II and 14, and . . . 
 
 letter, 15 Api. by the committee appointed by the Forest parishes and 
 commn. on the landowners ; the latter of whom, however, acquiesced 
 wdtham in the disafforestation and the removal of the deer, and 
 Party! plpe°s', the former in the inclosure of the King's woods. The 
 Sec-^Rep. bill passcd the House of Commons in 1818, but from 
 pp- 62> 63- vvant of time to carry it through the House of Lords, it 
 was withdrawn. 
 
 RoUs,i8Sept. The Court of Attachments again met in 1830, after 
 
 an interval of thirteen years, and its records contain 
 
INCLOSURES IN THE FOREST. 341 
 
 seventy-three presentments of inclosures, for the most 
 
 part of the same character as those made in former years. 
 
 One contained twenty-two acres, another over six, another 
 
 five ; and there were four containing two acres each. 
 
 The contents of the rest were expressed in rods and 
 
 yards, and the whole amounted to over sixty-six acres. 
 
 No action was taken by the Court, and the presentments 
 
 were again made with others in July, 1831. But the RoUs,24Sept. 
 
 Court agreed to take no further proceedings, but to seek 
 
 the co-operation of the Commissioners of Woods and 
 
 Forests in preventing further inclosures in the Forest. 
 
 Nothing came of this, and in the next year about twelve RoUs,i6june, 
 
 more acres had been stolen. 
 
 In March, 1836, the Commissioners suddenly showed 14 March, 
 signs of life by giving notice that they intended to enforce 
 the rights of the Crown in all proper cases, and to pro- 
 ceed in the Court of Exchequer against all persons who 
 in future should make inclosures without licence; and 
 they did in fact abate some encroachments, and brought 
 several informations ; of which one, viz., A.-G. v. Brown, 
 after dragging its slow length along for several years, 
 stood over to wait the result of another — A.-G. v. Hallett — 
 relating to the inclosure of fifty acres in Knighton Wood, 
 in which the Crown ultimately succeeded. But in the 
 meantime, the pendency of the case against Brown was 
 used by the inclosers and their sympathizers in the Ver- 
 derers' Court as an excuse for staying proceedings there 
 against other encroachers. 
 
 In 183 1, the Lord Warden, who now openly supported RoUs, 9 July, 
 the inclosures, appointed the steward of his own manor 
 of Wanstead, to be Steward of the Court of Attachments ; 
 
342 THE FOREST OF ESSEX. 
 
 and the Steward, Mr. Cutts, actually appeared in that 
 Court, of which he was an officer, and the duty of which 
 was to preserve the Crown rights in the Forest and to 
 abate illegal inclosures, and contended, on behalf of a 
 person summoned for making such an inclosure, that the 
 land having been granted by the lord of the manor, the 
 Forest Court had no jurisdiction.^ 
 
 The inclosures presented at the Court held in July, 
 1 83 1, were 136 in number, and comprised more than 240 
 acres. Three of the inclosers were lords of manors, and 
 one of them had inclosed to the extent of about 50 
 acres. The Court was pressed to certify the case de- 
 fended by the Steward, to the Attorney-General for 
 prosecution ; but after taking time to consider, two of the 
 Verderers voted one way and two the other, and the case 
 was therefore dismissed. Of the four Verderers three 
 Rep. of were lords of manors. Oneof the Verderers admitted that 
 Commn7p°6s, he votcd against certifying inclosures to the Attorney- 
 voL xxx.^^^'^^' General, because he thought it hard to put a lord, who 
 alleged a right against the Crown, to the expense of a 
 lawsuit to establish his right. 
 
 The other inclosers soon took the hint given them 
 Attachment by the Steward of the Court. In April, 1843, out of 
 many cases before the Court, about twenty were undis- 
 posed of, the Verderers being divided as to some, and 
 postponing or coming to no decision as to others. In 
 
 Shorthand ' When examined before the Epping Forest Commissioners he 
 
 wnter's Notes g^jj . « jf ^^^ ^f ^jjg u^jgr keepers at Wanstead made a presentment 
 ings, p. 4394. of an inclosure at the Court of Attachments, I should have laughed at 
 
 him, and kicked him out of the Court of Attachments, and stuck by 
 
 my manor." 
 
INCLOSURES IN THE FOREST. 343 
 
 two cases it was contended that the manors had been 
 disafforested. At the next Court several cases were RoUs,iiMay, 
 ordered to stand over until the decision of the Attorney- 
 General's proceeding against Brown ; in others the right 
 of the Court to interfere against grants by the lords was see Petn. of 
 denied, and although some of the inclosures were ordered H.*of con> " 
 to be thrown down, the orders were not obeyed. "'°"^' ^^°'^' 
 
 A struggle which now arose about inclosures made 
 by the lord of the manor of Theydon Bois, shows 
 how the verderers neglected their duties. The inclo- 
 sures were presented in February, and some of them 
 which the incloser admitted to be illegal, were both Attachment 
 
 Rolls. 
 
 ordered, and promised by him to be thrown open in 
 April, 1843. 
 
 This not having been done, he was required by the 
 Court, at the request of some of the freeholders in July, 
 1843, to abate the inclosures forthwith ; and in December 
 it was ordered that they should be knocked down. In 
 August, 1844, it was reported by the under keeper that 
 they still remained; upon which, by the order of the 
 Court, the Steward wrote to inform the solicitors of the 
 Commissioners of Woods and Forests of the fact, and 
 requested that the under keeper might be instructed to 
 prostrate the fences; who answered that they had informed 
 the Commissioners, and could not interfere without their 
 instructions. During all this time the verderers had 
 ample statutory powers to abate the inclosures ; but 
 upon being requested by several of the freeholders to 
 give effect to their own order, they would only agree to 
 do so upon receiving an indemnity said to have been 
 promised by the Commissioners. This indemnity had 
 
344 THE FOREST OF ESSEX. 
 
 not been received in February, 1845, at which time the 
 Court adjourned until the case of the Attorney-Generals. 
 Brown (begun in 1836!) had been decided, or until 
 further notice. 
 
 Office of I" 1845 a number of inhabitants of Woodford and 
 
 ^°''''^" other parishes, both on behalf of themselves as commoners, 
 
 and of the public who resorted to the Forest for recrea- 
 tion, petitioned the Commissioners to require the removal 
 of the encroachments which" the verderers neglected to 
 abate ; but the Commissioners (who were busy in obtain- 
 ing from the keepers a census of the deer in the Forest 
 do not appear to have complied with this request. The 
 encroachments still remained, and others continued to be 
 
 ja. made ; and in 1 848 the landowners presented a petition 
 
 to the House of Commons, in which they stated that the 
 verderers refused to hold a Court, and besought the 
 House to compel the Forest officers to perform their 
 duties, to protect the rights of the Queen and the peti- 
 tioners, and to preserve the Forest as a place of 
 recreation. 
 
 After the Courts had ceased for three and a half 
 years an attempt to hold another Court was made in 
 
 Id. August, 1848, but the Steward and one of the Verderers 
 
 agreed that it was not legally summoned, and said that 
 the decision which had now been given in favour of the 
 Crown in the action against Hallett relating to the inclo- 
 sure of Knighton Wood, was the result of a compromise, 
 and was therefore of no authority. 
 
 Courts were however held in October and November, 
 1848, at which further encroachments were presented; 
 
INCLOSURHS IN THE FOREST. 345 
 
 and with the last of these, the sittings of the Court of 
 Attachments practically ceased, although, as I have already 
 stated, there are notes of the holding of another Court on Note in 
 the 15th January, 1849; ^-t which the Warden claimed works. 
 to be the sole judge, and refused to allow the Steward of 
 the Court to act ; while one of the Verderers used violent 
 and abusive language about the Commissioners. This 
 was in fact the conclusion of the business. " Finding Evidence 
 nothing done," said Mr. Copeland, one of the Master comfi863, 
 
 keepers, " we gave it up in despair." But another Court ^' ^^1 
 
 at which the verderers were present was held at the sweannglf" 
 King's Head at Chig^ell on the ist August, 1853 ; and ma^offi^of 
 it is said that Courts continued to be held until 1854. ^denceof 
 
 Thus the last of the Forest Courts became extinct, be°fore sS" 
 after an existence, with some intervals, of at least 700 com. of 1863, 
 years, and, probably, of a much longer period ; its 
 actual destruction being due to the inefficiency and 
 selfishness of its own judges, and not to any attack 
 from without. But the primary cause of the extinction 
 of this and of the other Forest Courts, arose many years 
 earlier. Originally established for ministering to the 
 King's pleasures in a cruel and half-barbarous age, 
 the gradual disuse or suspension of those pleasures took 
 away the principal object of the Forest laws ; and from 
 the time of the discontinuance of the Court of Justice 
 Seat, and of its satellite the Swainmote, the Chief Justice 
 became little more than a figure-head. He could not 
 summon a Court without the King's writ ; and without 
 a Court he had no power to punish offences. 
 
 The principal occupations of him, and of his suc- 
 cessors the Commissioners of Woods and Forests, appear 
 
346 THE FOREST OF ESSEX. 
 
 to have been the granting of licences to cut down woods, 
 
 to inclose Forest lands, and to sport ; while the Court of 
 
 Attachments registered these licences in the morning, 
 
 Attachment and (if we may judge by its order, that every holder of a 
 
 RoUs, 3june, \ ,. , ,/ , ' , r • 
 
 1723. sporting licence should supply three dozen of wine to its 
 
 officers,) made merry in the evening. 
 
 If the duty of preserving the deer had become of 
 less immediate consequence, that of guarding the right 
 of the Crown to prevent inclosures remained ; and the 
 Verderers, who, either from timidity or selfishness, first 
 neglected, and then refused, to enforce the statutory 
 power which had been given them to abate the in- 
 closures, and to punish the neglect of their officers ; and 
 the Commissioners of Woods and Forests, who, by 
 refusing to authorize the prosecution of offenders, made 
 it impossible to stop the inclosures, and then, as will be 
 seen in the next chapter, sold the Crown rights over a 
 great part of the Forest wastes, must be held responsible 
 for the loss which ensued, not only to the Crown and the 
 commoners, but to many innocent purchasers of the 
 inclosed lands. It was fortunate for the people of London 
 that a time was coming when another public body, which 
 was neither selfish nor timid, had the wisdom to use its 
 great resources to remedy much of the mischief. 
 
( 347 ) 
 
 CHAPTER VIII. 
 
 How the Wastes were Disafforested and 
 made Places of Recreation, 
 
 " Moreover, he hath left you all his walks, 
 
 On this side Tyber : he hath left them you, 
 And to your heirs for ever j common pleasures. 
 To w^alk abroad, and recreate yourselves." ^ 
 
 j A YING thus attempted to trace through many 
 centuries the history of the Forest, its laws and 
 
 customs, and the doings of its Ministers, it remains for 
 me to describe the events of the next thirty years ; at 
 the end of which, after many hard fights, the confusion 
 which had caused the breaking up of the Court of 
 Attachments, and had been increased by the action 
 of the Commissioners of Woods and Forests in one 
 direction, and by that of Parliament in another, was 
 terminated by the full establishment of the rights of the 
 commoners, and by the purchase, and dedication to the 
 use of the people, of the soil of the waste lands. 
 
 In 1849, ^'^ -A-ct of Parliament was passed, under i2&i3Vict, 
 
 • c 81 ' 
 
 which a commission, commonly known as Lord Portman's 
 ■ Julius Caesar. 
 
348 THE FOREST OF ESSEX 
 
 Commission, was appointed to inquire into and to report 
 upon the rights or claims over the New Forest and 
 Waltham Forest ; to ascertain the bounds of the Forests, 
 and of the lands of private owners in them ; to inquire 
 into purprestures, encroachments, and unlawful inclo- 
 sures, affecting the forestal rights of the Queen, and the 
 claims of common and other rights in the Forests ; their 
 origin, nature, particulars, and probable value ; to con- 
 sider proposals for extinguishing them ; and to inquire 
 into the nature and jurisdiction of the Forest Courts, and 
 the expediency of remodelling or abolishing them. 
 
 A great number of persons interested in the Forests 
 sent in claims^ to the Commissioners, who, in 1850, 
 presented a report, to which was annexed a very long 
 sub-report by their secretary ; the latter very inaccurate 
 as to facts, and both containing many doubtful state- 
 ments of law, supported for the most part only hy ex parte 
 opinions which had been given on behalf of the Crown. 
 The Commissioners made the amazing suggestion that 
 the Crown should recoup itself for its losses caused by 
 unlawful inclosures of the wastes (which had happened 
 by the negligence of its own officers), by making further 
 inclosures from the remaining wastes without regard to 
 the rights of the general body of the commoners. 
 
 They further proposed that the deer should be 
 removed, and the Forest disafforested, if the lords and 
 the owners could agree to settle their disputes ; otherwise, 
 that the Crown should consider whether it ought to incur 
 the expense of maintaining its rights over the non- 
 
 ^ Abstracts of these will be found in the "London Gazette" for 
 1852. 
 
HOW THE WASTES WERE DISAFFORESTED. 349 
 
 demesne parts of the Forest, for the benefit of the local 
 owners, and without advantage to the Crown or the 
 public. As to the Crown demesnes, they proposed that 
 allotments should be made to the commoners of part of 
 the soil, and that the remainder should be reserved in 
 absolute severalty to the Crown. 
 
 Pending the inquiries under this commission, the Crown 
 officers did not consider it advisable to incur any expense 
 in prosecuting cases certified by the verderers under the 
 Act of 10 George IV., although eleven presentments 
 were so certified in January and April, 1 849. 
 
 In accordance with the advice of the Commissioners, 
 an Act was passed in 1851, for the disafforestation of i4&isvict. 
 
 ■ c. 43. 
 
 Hainault Forest. 
 
 The wastes of this part of the Forest contained ReHainauu 
 about 4,000 acres, of which 2,842 acres were Crown gcis.'^N.s. 
 property, known as the King's woods. Of the rest. Rep. sei. 
 1,104 acres lay in one tract on the north of the King's Evidence,''' 
 woods, and in the manors of Chigwell and West Hatch, P^' ^^' ^^' 
 Woolston Hall, Barringtons, Lambourn, and Battle 
 Hall ; and other detached parts of the waste were in 
 Navestock and Woodford, and at Tom at Wood's Hill, 
 on the west of the King's woods. 
 
 There were also within Hainault Forest about 
 13,000 acres of inclosed lands. 
 
 About 1,917 acres of the King's woods, upon which 
 were upwards of 100,000 trees of oak, hornbeam, and 
 other woods, were allotted to the Crown ^ imder this 
 
 * The Crown out of this allotment was to satisfy certain rights 
 claimed by the lord of the manor of Barking. 
 
350 
 
 THE FOREST OF ESSEX. 
 
 Act by way of compensation for its rights of forest, soil, 
 Report of Sei. timber, and underwood: and the residue remained un- 
 
 Com. 1863, - 1.11 
 
 Evidence, allotted, the timber upon it being sold to discharge the 
 
 p. 59, 
 
 expenses incurred under the Act. 
 
 The value of the fuel rights of the poor widows of 
 
 ■Sa/ra, p. 263. Barking and Dagenham, which I have elsewhere men- 
 tioned, was invested for their benefit; the deer were 
 removed, and the right of the Crown to keep them taken 
 away ; and the offices of the Lord Warden and of the 
 other ministers of the Forest, so far as regarded Hainault, 
 were made to cease, the holders being compensated. 
 
 Rep. of Sei. The Lord Warden received for his compensation 
 
 Com. 1863, 
 
 Evidence, ^,2^0i. 
 
 No provision having been made for disposmg of 
 
 the fuel assignments, or for ascertaining the nature of 
 
 the rights of common in the unallotted parts of Hainault, 
 
 2t & 22 Vict, another Act was passed in 1858, by which it was directed 
 
 c. ^7. 
 
 that the assignments should be valued and compensated 
 out of the unallotted lands ; that it should be ascertained 
 what was the nature of the pasture rights, and whether 
 they existed indiscriminately over all the commonable 
 lands within the bounds of the • late Forest, or were 
 limited, to the particular parish or place in which the 
 lands which gave the right were situated ; and that the 
 commonable lands should be apportioned accordingly. 
 Suj>ra, p. 305. I have stated the result of this inquiry in the chapter 
 
 which relates to Common of Pasture. 
 
 Sei. Com. of As to the Crown allotments, the expenses of clear- 
 
 pp^-jsf 59.' ing, draining, fencing, making roads, and erecting farm 
 
 buildings, amounted to 42,000/., which was paid for by 
 
 the sale of the timber on the allotments; and in 1863 
 
HOW THE WASTES WERE DISAFFORESTED. 351 
 
 the Commissioners of Woods and Forests were able to 
 boast of a rental of more than 4,000/. per annum received 
 from the Crown allotments, in lieu of a former precarious 
 income of 500/. per annum, derived from the occasional 
 cutting of timber. 
 
 It will be remembered, that in 1805 the Commis- Sup-a^-^.^y,. 
 sioners of Woods and Forests sold the manor of West 
 Ham, with the wastes and the Crown rights of Forest. 
 No further sale of these rights was made until 1821, 
 when the lord of the manor of Higham Hills bought the 
 forestal rights of the Crown in his wastes. After another 
 long pause, the Commissioners of Woods and Forests, 
 under warrants from the Treasury in 1855 and 1857, Rep. ofSei. 
 continued the sale of the Crown forestal rights down to App. No. 2. 
 1863 ; and not content with pressing them upon the 
 lords of the manors, they in effect sanctioned and en- 
 couraged the illegal inclosures, by inviting those who 
 held them to buy the Crown rights in the encroachments; 
 threatening, in one case, to cause the inclosures to be i^. 
 abated in case of non-purehase ; and justifying their id. Ev. of 
 
 action upon the ground that they were bound to deal Howard, 
 
 . ... pp. 20, 21. 
 
 with the Crown rights in such a manner as to produce 
 
 the greatest benefit to the taxpayers, without any regard 
 
 to the convenience of the people of the locality, or of any 
 
 other less portion of the public. The subject of con- Case sub- 
 
 veyance was "All the rights of forest of the Queen's counsel by 
 
 Majesty"; but the legal advisers of the Crown refused 
 
 to state what would be the effect of the grant. 
 
 The average price at which the rights were sold 
 
352 
 
 THE FOREST OF ESSEX. 
 
 was about 5/. per acre ; the entire sums paid being as 
 follows •} — 
 
 1821. Higham Hills /'1.Z32 o 
 
 1856. CannHall 232 S 
 
 1856 and 1862. Woodford, Ruckholt, and Wanstead .. 1,910 9 
 
 1857. Theydon Bois i,3S3 10 
 
 1858. Chigwell and West Hatch 1,147 ^ 
 
 1859. Chingford Earls 9°° • o 
 
 i860. Loughton 5,468 13 
 
 1863. Sewardstone 3.349 10 
 
 /'IS.S93 14 
 
 Besides which, in the case of Higham Hills, the 
 Lord Warden had 352/. as compensation for the loss of 
 his rights in the manor.^ 
 
 Hansard, In February, 1863, the House of Commons sent up 
 
 vo . I 9. 309. ^^ address to the Crown, praying that directions might 
 be given, that no sales to facilitate inclosures might be 
 made of Crown lands or Crown forestal rights within 
 fifteen miles of the metropolis. And in the same year a 
 Select Committee of the House of Commons, appointed to 
 
 * I take the figures from the answers of the lords in the suit of 
 
 The Commissioners of Sewers v. Glasse. According to the report of the 
 
 Select Committee of 1863, the sum was 15,795/. i6j. 6d. Mr. Fawcett, 
 
 in moving for an address to the Crown in 1 870, put it at j 8,603/. ' ^^- 3<i- 
 
 Perhaps purchases of the rights in encroachments were included. 
 
 " This appears to be the only instance in which the Lord Warden 
 
 Com. of 1863, ^^g compensated on the sale of forestal rights. Afterwards the Crown 
 
 A.A. Collyer officers only took their own purchase-money, and left the Warden's 
 
 Bristow.p. 71. trustees without remedy for the loss of their rights, telling them that 
 
 they might go and exercise them if they pleased. 
 
 Hansard, 
 14 Feb. 1870. 
 Rep. of Sel, 
 
HOW THE WASTES WERE DISAFFORESTED. 353 
 
 inquire into the condition and management of the Royal 
 Forests in Essex, and into any inclosures therein since 
 the report of the Commissioners of 1850, and to consider 
 whether it might be expedient to take any steps for pre- 
 serving the open spaces in the Forests, reported, that 
 Waltham Forest, which anciently comprised a large 
 portion of the county of Essex, appeared to have been 
 gradually diminished by inclosures,* and at the time of 
 perambulation in 17 Car. I. was considered to contain 
 60,000 acres, of which 48,000 were inclosed private pro- 
 perty, and 12,000 acres uninclosed woods and wastes,* 
 and that 2,000 acres mor6 had since been lost to the 
 Forest by inclosures ; that Hainault had been disafforested, 
 and that the remaining uninclosed part of Epping Forest 
 then consisted of about 7,000 acres ; that the forestal 
 rights of the Crown recommended to be sold by the Land 
 Revenue Commissioners in 1793, though producing 
 nothing to the revenues of the country, and an incum- 
 brance to the owners of the soil, had contributed to keep 
 in a state of wild forest .land a considerable space of open 
 ground in the neighbourhood of the metropolis, which 
 had been a source of health and recreation to many of 
 its crowded population ; that the forestal rights of the 
 Crown over 3,5 13 acres had been sold, and that a consider- 
 able extent of ground had been inclosed without purchase 
 of the Crown rights over it ; and it was recommended 
 
 ' It will be seen by perusal of my first chapter that this statement 
 gives a very inaccurate impression of the facts. 
 
 " This quantity tallies somewhat too closely with the report of 
 1793) which makes the acreage to be then 11,939. But the last 
 chapter shows that much land was inclosed between the two periods. 
 
 F. A A 
 
354 THE FOREST OF ESSEX. 
 
 that immediate steps should be taken by the Crown to 
 assert its rights, and to abate the inclosures. 
 
 The notices issued from the office of Woods and 
 Forests inviting encroachers to purchase the Crown rights, 
 were declared to have had a tendency to encourage en- 
 croachments, and to have affected injuriously the rights 
 of the Crown ; and the Committee were of opinion, that 
 to employ the forestal rights of the Crown to obstruct 
 the process of inclosure to which the lords, commoners, 
 and copyholders of the Forest manors were entitled, in 
 common with all other persons similarly situated, would 
 be of doubtful justice,- and would probably fail in effect. 
 They also pointed out that no part of the Crown estates 
 in Hainault could have been allotted for recreation, but 
 regretted that when nearly 1,900 acres were allotted to 
 the Crown, no application was made to Parliament for an 
 allotment for that purpose. They recommended the ob- 
 taining the sanction of Parliament for the inclosure of 
 the residue of the Forest ; the ascertaining the rights of 
 the parties interested ; and the providing "partly by these 
 means," and partly by purchase, for securing an adequate 
 portion of the Forest for the purposes of health and 
 recreation, for which the Forest had from time imme- 
 morial been enjoyed by the inhabitants of the neighbour- 
 hood and the metropolis. 
 See Hansard, No action was taken on this report, the Committee 
 
 vol. 172, _ . . . 
 
 col. loss. having failed to point out how their advice was to be 
 carried into effect. 
 
 They were evidently embarrassed by the claims of 
 those who sought to keep open the Forest wastes as 
 recreation grounds, without providing compensation to 
 
HOW THE WASTES WERE DISAFFORESTED. 355 
 
 the owners of the soil ; it being clear that, except in the 
 case of village greens and lands dedicated to the public 
 enjoyment, the people cannot acquire a legal right to 
 take their recreation at pleasure over the lands of any 
 person. And although the use of the Forest for recrea- 
 tion, to which the inhabitants of London had been accus- 
 tomed for a very long time, might fairly be urged in 
 support of the argximent that the lands should be pre- 
 served for public pleasure, it was a very bad reason for 
 taking it without recompense to the owners ; many of 
 whom, under pressure from the agents of the Crown, had 
 been induced to buy, for large sums of money, rights 
 which they might fairly suppose would give them com- 
 plete dominion over the land. 
 
 In the meantime, the effect of the sale of the Crown 
 rights was, that the lords of the manors, relieved from 
 the restrictions imposed by the Forest laws against the 
 cutting the woods, and inclosing the wastes, very naturally 
 began to recoup themselves for their expenditure, by 
 granting portions of the wastes to purchasers, and by 
 making large inclosures on their own account. 
 
 The commoners, a scattered and feeble folk, were 
 very little considered. The nature of their rights being 
 ignored, or not understood, it was contended that they 
 could only turn out their cattle upon the wastes of the 
 manors in which their lands were situate, and that the 
 absence of boundary fences alone, was the foundation of 
 the right or practice of allowing them to stray over the 
 wastes of the other Forest manors. In some manors the Rep. of Sei. 
 Courts were held very irregularly; and if any one attended Evidence, ' 
 
 A A 2 
 
356 THE FOREST OF ESSEX. 
 
 for the purpose of objecting to grants of the waste, the 
 Court at which they were to be made was not opened 
 till eight or nine o'clock at night, when the wearied 
 objectors had departed. In one manor the homage 
 summoned consisted of persons who were to receive 
 grants of waste ; when it came to the turn of one of them 
 to receive a piece of land he retired from the homage 
 and another took his place; and when the grant had 
 been made to him, he returned to his post and assisted 
 in granting land to others. Thus the rights of the com- 
 moners were overridden by collusive acts which in theory 
 were done according to the custom of the manor. In 
 other manors, with an exception to be presently mentioned, 
 the commoners were left to take any remedy which they 
 could find. 
 Answers of The foUowing inclosures were thus made, for the 
 
 Com. of most part at or shortly after the purchases of the Crown 
 Giasse. ' rights in the manors in which the lands were situate. 
 
 In Wanstead, between 1852 and 1869, there were 
 102 inclosures containing over 286 acres. Two of these 
 contained 46 acres each, and another 18 acres; but the 
 general average of each was only about 2f acres. 
 
 In Woodford, in and between the same years, 146 
 inclosures, containing over 205 acres ; the largest piece 
 being only 6 acres. 
 
 In Ruckholt, in and between 1857 and 1869, 22 
 inclosures, containing more than 4 1 acres. 
 
 In Aldersbrook, in 1852, one inclosure of over 9 
 acres. 
 
 In Westham, in 1856, all the waste. 
 
 In Higham Hills, 4 inclosures in and between 1 85 1 
 
now THE WASTES WERE DISAFFORESTED. 357 
 
 and 1 866, containing more than 96 acres ; besides many 
 small inclosures. 
 
 In Chingford Earls, in 1859, 67 acres with some 
 small pieces. 
 
 In Chigwell and West Hatch, in and after 1851, 69 
 inclosures, besides in the Epping division of the Forest ; 
 one containing 75 acres, and another 85 acres, the rest 
 being small pieces. 
 
 In Sewardstone, in and between 1859 and 1870, 
 over 271 acres, of which the lord had 238 acres. 
 
 In Loughton, in and between 1851 and 1871, 167 
 inclosures or grants, of which the lord had 8, amounting 
 to about 939 acres ; the rest being mostly very small 
 pieces granted as compensation for rights of common. 
 
 In Theydonbois, after 1857, over 305 acres. 
 
 In Epping, 3 or 4 acres. 
 
 In Waltham Holy Cross, 12 or 13 acres. 
 
 In Chingford St. Paul's, about 1853, more than 190 Rep. ofSei. 
 
 acres. Evidence, 
 
 pp. 44, 49- 
 
 It was only in the manor of Loughton, that an 
 attempt was made to compensate the commoners as a 
 body, for the loss of their pasture rights, by grants of 
 small portions of the waste, or by the payment of 
 money. 
 
 It will be remembered that this was the manor in 
 which the right of lopping still subsisted as a common 
 right ; and the inclosure and attempted sale of parts of 
 the waste, upon which there were pollards subject to be 
 lopped, was the cause of the earliest attempt to stay the 
 destruction of the Forest by a suit in the Court of 
 
358 THE FOREST OF ESSEX. 
 
 Chancery. This was begun in 1866^ by Thomas Will- 
 ingale, a Loughton labourer (who was supported by 
 some members of the Commons Preservation Society), 
 L.R. 3Eq. against the lord of that manor. A preliminary legal 
 '°^' objection was decided in favour of the plaintiff, but it 
 
 was afterwards found that the origin of the right claimed 
 had been mistaken; and neither this, nor another suit 
 brought against the lord of the same manor, by a plaintiff 
 named Castell, were ever brought to a hearing. 
 
 Hansard, As iuclosures Still Continued, a motion was made 
 
 vol. 199, 
 
 c. 246. and carried by Mr. Fawcett in the House of Commons 
 
 in 1870, for an address to the Queen; which, as altered 
 according to a suggestion made on the part of the 
 Government, prayed that Her Majesty would take such 
 measures as in her judgment she might deem most 
 expedient, in order that Epping Forest might be pre- 
 served as an open space for the recreation and enjoyment 
 of the public. 
 
 In accordance with this resolution a Bill was pre- 
 
 c^'1272' ^°^' P^^^d by the Government in the same session, by which 
 it was proposed, that of the 3,000 acres which then 
 remained uninclosed, the lords should give up 1,000 
 acres to be vested in three commissioners, with power 
 to sell 400 acres in order to provide compensation for the 
 commoners; and the remaining 600 acres, with any part 
 of the 400 acres which the Metropolitan Board of Works 
 might think fit to purchase, were to be for the use of the 
 public : the Crown rights which remained being given 
 
 Hansard ' ■'■'^ ^^^^ J'^^'' ^^^ Forest was transferred from the Commissioners of 
 
 vol. 208, Woods and Forests to the Commissioners of Works, 
 
 c. 1645. 
 
BOW THE WASTES WERE DISAFFORESTED. 359 
 
 Up, and the costs of the Bill being borne by the Govern- 
 ment. The Bill was too late for the session, but it was 
 announced for reintroduction in the following session. 
 
 As the Government did not intend to buy the rights 
 of recreation for the public, who had no legal rights of 
 their own, the proposal was certainly not unreasonable 
 on the part of the lords ; but it failed to satisfy those 
 who desired to keep open the whole Forest. And in 
 April, 1 87 1, a motion by Lord Mount-Temple, then Hansard, 
 Mr. Cowper Temple, in the House of Commons, was coi. 1852. 
 carried, against the opposition of the Government, "that 
 it was expedient that means be adopted in accordance 
 with the address presented to the Queen in February, 
 
 1870, for preserving as open space, accessible to Her 
 Majesty's subjects for purposes of health and recreation, 
 those parts of Epping Forest which have not been in- 
 closed with the assent of the Crown or by legal 
 authority." 
 
 This led to the passing of the Epping Forest Act, 34 & 3S vict. 
 
 • C. 93, 
 
 1 87 1, by which Commissioners were appomted to con- 
 tinue as to Waltham Forest the inquiries, and to exercise 
 the powers given by the Act of 12 & 13 Vict, as regarded 
 it and the New Forest; to prepare a scheme for dis- 
 afforestation, and for preserving and managing the 
 waste lands ; and to suggest how the expenses of com- 
 pensating the persons whose rights were affected by the 
 scheme, and of managing the waste lands, and other 
 expenses, should be defrayed. 
 
 But on the 14th August, 1871, which was exactly 
 a week before this Act received the Royal assent, the 
 
360 THE FOREST OF ESSEX. 
 
 Corporation of London began the proceedings, by means 
 of which the difficulties which had beset the matter for 
 so many years, were at last overcome. 
 
 The Corporation, being entitled by prescription and 
 charter, to certain dues in respect of the compulsory 
 35 & 36 Vict, metage of grain imported into London, obtained an Act 
 of Parliament in 1871, by which a small fixed duty, pay- 
 able for thirty years, was substituted for the metage 
 dues ; and was directed to be held by the Corporation 
 for the preservation of open spaces in the neighbourhood 
 of London, but not within the metropolis ; and power 
 was given to the Corporation, to borrow for this purpose 
 on the credit of the duty and of their estates and revenues, 
 sums not exceeding ;^90,ooo. 
 
 It was determined to apply these resources in rescuing 
 the wastes of Epping Forest from inclosure, by asserting 
 the rights of the commoners against the lords of the 
 manors ; a course which in several manors in the neigh- 
 bourhood of London had already been adopted with 
 success. 
 
 It happened that the Commissioners of Sewers of 
 the City of London, a body closely connected with the 
 Corporation, were the owners of about 200 acres of land 
 within the Forest, and situate in Aldersbrook, in the 
 parishes of Little Ilford and Barking, and in the manor 
 of Wanstead. Part of this estate had been converted 
 into a cemetery, but the rest was used as a farm from 
 which cattle were turned out upon the Forest waste in 
 Wanstead ; and it being still assumed that the rights of 
 common were manorial rights, it was proposed that the 
 
HOW THE WASTES WERE DISAFEORESTED. 361 
 
 Commissioners should proceed in the Court of Chancery 
 against the lords of that manor, to restrain the inclosures 
 of its wastes ; and that suits should also be brought for 
 the same purpose, against the lords of the other Forest 
 manors who had inclosed, by some of their commoners. 
 The event showed that even if this mode of proceeding 
 had succeeded in some of the Forest manors, it must have 
 failed in others, on the evidence ; and for another reason 
 to be presently mentioned, it would probably have been 
 entirely abortive. 
 
 Being requested at this time to advise the Corpora- 
 tion as -to the best mode of attaining its object, I came 
 to the conclusion, after examining a number of ancient 
 documents relating to the Forest which were submitted 
 to me by Mr. Robert Hunter, acting as agent for the 
 City Solicitor, that the rights of the commoners were 
 neither of a manorial character, nor confined to the 
 wastes of the particular manor in which the lands which 
 gave the rights were situate; but that each commoner 
 had the right of pasture, which I have described in a 
 former chapter, over the whole waste of the Forest; 
 that this right being, according to the Forest laws 
 or regulations already mentioned, founded upon the 
 situation of the commoners' land within the Forest, 
 was not affected by the sale of the forestal rights 
 of the Crown over the wastes, to the lords of the 
 manor or other purchasers ; and that the Corpora- 
 tion could proceed against all the lords, in respect of 
 their inclosures made within the last twenty years in 
 one suit; each inclosure being an infringement of the 
 
362 THE FOREST OF ESSEX. 
 
 general right of all the commoners throughout the whole 
 Forest.^ 
 
 It was necessary, in order to stop the inclosures 
 which were rapidly proceeding in Wanstead, to com- 
 mence the legal proceedings without waiting to ascertain 
 if the practice of the Forest commoners agreed with this 
 Com. of view of their rights f in accordance with which, on the 
 
 Sewers v. _, . 
 
 Giasse. 14th August, 1 87 1, a bill was filed in the Court of 
 
 Rep. of Chancery by the Commissioners of Sewers (who were 
 
 and Finance indemnified by the Corporation) on behalf of themselves 
 
 p. s. ' and the other owners and occupiers of legally inclosed 
 
 lands in the Forest against the lords of sixteen manors, 
 
 the Attorney-General, and (by amendment) against two 
 
 purchasers of illegally-inclosed lands, to establish the 
 
 rights of the owners of lands in the Forest and their 
 
 occupiers, to pasture their commonable cattle on the 
 
 Forest wastes, and to restrain the inclosure and digging 
 
 up of the soil. 
 
 In the next session of Parliament an attempt was 
 made to get rid of the suit of the Corporation by means 
 
 ' It was impossible at that time to sue a number of persons in one 
 action, for the purpose of establishing distinct rights against each of 
 them ; but a general right might be claimed against a number of 
 persons who infringed it, though the rights of the latter were distinct. 
 
 ^ This was effected, under the superintendence of Mr. Hunter, by 
 the late Mr. George Mickelwright, by whose industry, patience, and 
 acuteness in ascertaining the facts from a great number of aged resi- 
 dents, the ancient practice of the Forest within living memory and by 
 tradition, was found entirely to bear out the inference drawn from the 
 entries on the rolls of the Forest Courts, and from the ancient claims. 
 
HOW THE WASTES WERE DISAFFORESTED. 363 
 
 of an Act for enlarging the powers of the Commissioners 
 appointed in 1871. Several other actions relating to the Epping Forest 
 
 . *^ _ ' ° Amendment 
 
 illegal inclosures were then pending, and it was proposed Act, 1872. 
 to stay proceedings in all of them. But in consequence 
 of a strong opposition, led by Mr. Cowper Temple, the 
 Bill was withdrawn from the House of Commons and intro- 
 duced into the House of Lords, and by it referred to a 
 Select Committee ; which, after hearing counsel, excepted 
 the suit of the Corporation from the provision by which 
 all legal proceedings were to be stayed, and further pro- 
 ceedings, without the consent of the Commissioners, for- 
 bidden, until after their final report. This was done upon 
 the ground that the suit of the Corporation had already 
 raised the questions of law, the determination of which 
 would probably be necessary or convenient, before the 
 Commissioners could report. 
 
 It can hardly be doubted that if the Corporation 
 had proceeded separately against the lord of each 
 manor, as originally proposed, the enormous litigation 
 would have been stopped by Parliament, and the whole 
 matter would have been left to the Epping Forest 
 Commissioners. 
 
 About this time the Forest Court of Attachments 
 was revived for a short time. Colonel Palmer being the 
 only surviving Verderer, a writ for an election of three 
 Verderers to fill the vacancies, was issued to the Sheriff of 
 Essex ; and Sir Antonio Brady, Mr. Thomas White, an 
 Alderman of London, and Mr. Wythes were elected. 
 The Verderers held Courts at the Castle Hotel at Woodford, 
 
364 THE FOREST OF ESSEX. 
 
 Rep. of Coal, oti the 1 6th September and the 26th October, 1871; 
 
 &c. Com. of , . . , , , ^ ft 
 
 Corpn. 1876, and It was determined at the latter Court to refer the 
 ^' ' presentments which had been made of unlawful inclosures 
 
 of nearly 3,000 acres of waste to the Swainmote, in order 
 that they might be there tried by a jury according to the 
 Forest law. It is not probable that any advantage would 
 have been gained by this proceeding ; for even if the 
 attempt to restore the Swainmote had succeeded (which 
 could not have happened without the assistance of the 
 Lord Warden, who presided at it), that Court had no 
 power to abate the inclosures. But the result was, 
 that after an attempt by the lords to dispute in the 
 Queen's Bench the powers, such as they were, of the 
 revived Court of Attachments, its proceedings were 
 suspended by the Epping Forest Act, 1872, already 
 mentioned. 
 
 The Epping Forest Commissioners of 1871 carried 
 out their duties by perambulating the bounds of the 
 uninclosed wastes within the regard of the Forest' 
 adopting, so far as they could be ascertained, the bounds 
 laid down in 16 Charles I., but omitting Nazing Park, 
 which had become an inclosed limited pasture ; and they 
 ascertained what parts of the wastes had been inclosed, 
 within twenty years ^ before the passing of the Act from 
 which they derived their powers. 
 
 ' Adopting in this respect the principle followed in the suit of the 
 Corporation, that having regard to the then Statute of Limitations, it 
 would be useless to dispute inclosures which had practically been 
 undisturbed for twenty years. 
 
134- 
 
 HOW THE WASTES WERE DISAFFORESTED. 365 
 
 They also heard elaborate argnments by counsel 
 for all parties who claimed an interest in the Forest, in 
 the course of which they sat for 102 days, and heard Rep. ofCoai, 
 and recorded 21,853 answers to questions put to 239 Finance Com. 
 
 . . to Court of 
 
 witnesses ; besides examining the immense mass of Common 
 
 Council, 
 
 documents relating to the Forest, its Courts, and the 28 June, 1875. 
 proceedings and correspondence of the Commissioners 
 of Woods and Forests.^ 
 
 On the 24th November, 1874, pending these in-L. r. igEq. 
 quiries, a decree was pronounced by Sir George Jessel, 
 then Master of the Rolls, in the suit of the Corporation 
 against the lords of the Forest manors, the arguments 
 and examinations in which — conducted for the Cor- 
 poration by Mr. (now Justice) Manisty, Mr. (now 
 Lord Justice) Fry, the late Mr. Joshua Williams, Q.C., 
 and myself, and by a great number of counsel for 
 the different defendants — had occupied twenty- three 
 days. The decree declared, that the owners and 
 occupiers of lands (not being waste) in the Forest, were 
 entitled in right of their lands within the Forest, to 
 common of pasture on the Forest wastes for all manner 
 of cattle (that is to say, neat beasts and horses) 
 commonable in the Forest, levant and couchant upon 
 their lands, according to the assize and customs of the 
 Forest. 
 
 The Corporation, waiving their right to an injunction, 
 
 ' Such of the documents as were in the possession of the Crown 
 were produced under the advice of Mr. P. H. Lawrence, who was 
 then solicitor for the department. 
 
366 THE FOREST OF ESSEX 
 
 in respect of lands which had been actually built upon 
 or used as gardens or curtilages of houses before the 
 commencement of the suit, or which had been actually- 
 inclosed for twenty years, were also declared to be 
 entitled to an injunction to restrain the other inclosed 
 Forest wastes from remaining inclosed or built upon. 
 And the future inclosure of or building upon the Forest 
 wastes, was also forbidden. 
 
 In March, 1875, the Epping Forest Commissioners 
 made their preliminary report. They found that the 
 inclosures made within twenty years before the passing 
 of the Act by which they were appointed, were unlawful 
 against the Crown and the commoners where the Forest 
 rights had not been, and against the commoners where 
 they had been, released. As to the rights of the com- 
 moners, they reported in accordance with the decree of 
 the Master of the Rolls. 
 
 They also found that the wastes within the regard 
 of the Forest contained t,02\a. or. 28|-/., of which 
 3,oi4<a;. ir. 6f/. were open waste, and 3,006(3:. 3r. 2\\p. 
 were inclosed {i. e. unlawfully) ; that the forestal rights had 
 been released over 3,558«. ir. lof/., and remained over 
 2,462(2. 3r. ij^p-; and that although the public had long 
 wandered over the Forest wastes without let or hindrance, 
 the Commissioners could find no legal right to such user. 
 
 Soon after the date of this report, the Corporation of 
 London began to purchase the soil of the open waste 
 lands of the Forest manors. 
 
HOW THE WASTES WERE DISAFFORESTED. 367 
 
 In 1875 they bought those of Chingford a. r. p. 
 
 St. Paul 275 3 II 
 
 In 1876 those of Loughton .... 992 3 36 
 
 Waltham Holy Cross . 768 025 
 Higham Hills and 
 
 Woodford . . . 122 2 33 
 
 Sewardstone . . . 674 i 20 
 
 Cann Hall .... 72 3 35 
 
 Chingford Earls . . 141 2 9 
 
 3,048 2 9 
 
 together with the forestal rights of the Crown, in those 
 manors in which the lords had acquired them. 
 
 In 1877 the Epping Forest Commissioners, whose i March, 1877. 
 powers had been extended by further Acts passed in 
 1875 ^"^^ 1876, signed their final report; in which, after 
 dealing with several subordinate matters, including a 
 report that they were unable to find evidence sufficient 
 to establish the claim of the Corporation to hunt in the 
 Forest, they presented their scheme for the disafforesta- 
 tion of the Forest, and the preservation and management 
 of the waste lands as an open space for recreation. 
 
 It is not necessary to state the details of this scheme, 
 which was superseded by the Epping Forest Act, 1878. 
 But a strong objection was made to their proposal that 
 the grantees of inclosures declared to be illegal both by 
 the decree of the Master of the Rolls, and by the prelimi- 
 nary report of the Commissioners themselves, should be 
 allowed to keep them on payment of rent-charges. A 
 result of this proposal was that Mr. George Burney, one 
 
368 
 
 THE FOREST OF ESSEX. 
 
 Report of 
 Epping For. 
 Com. of Con- 
 servators 
 (■883), p. 32. 
 
 of the Forest commoners, assisted by a number of work- 
 men, removed the fences of several of these inclosures. 
 The consequent Htigation involved him in heavy expenses, 
 a considerable part of which was repaid to him by the 
 Corporation, on the ground that his action materially 
 influenced the Government, in disregarding the recom- 
 mendation that these inclosures should remain. 
 
 cap. ccxm. 
 
 The Government, with the assent of the Corporation, 
 now proceeded to a final settlement of the matter by 
 41 & 42 Vict, passing the Epping Forest Act, 1878; a great part of 
 which (excluding the arbitration and some other clauses) 
 is in the words of the scheme prepared by me for the 
 Corporation of London, and submitted by them to the 
 Epping Forest Commissioners. 
 
 The Act disafforested Epping Forest, and put an 
 end, as regarded it, to the Crown rights of vert and 
 venison, the Forest Courts and offices, and the burdens 
 and restrictions of the Forest laws and customs. The 
 words " Epping . Forest," were however limited in 
 meaning, to the lands delineated on the plan annexed to 
 the final report of the Epping Forest Commissioners, as 
 ascertained by them ; and as these only consisted of the 
 waste lands, the inclosed lands within the regard of the 
 Forest are still technically Royal forest, and subject to 
 the Forest laws and customs ; and in respect of them, 
 the commoners may perhaps still claim their rights, as 
 well as under this Act, by which they were expressly 
 continued. The Act does not in any way deal with the 
 Crown rights in the Forest purlieus, and these may in 
 fact be considered to be obsolete. 
 
 Sect. 4. 
 
 Sect. I. 
 
 Sect. 5. 
 
HOW THE WASTES WERE DISAFFORESTED. 369 
 
 Power was given to the Queen to appoint a Ranger ; Sect. 2. 
 which she exercised by appointing the Duke of Connaught 
 and Stratheafn, K.G. The only duties attached by the Sects. 33, 37, 
 Act to the office, are the approval of the scale of rental 
 for the commoners, the appointment and removal of 
 some of the officers of the Conservators, and approval of 
 the amount of their fees or salaries and pensions; the 
 allowance of bye-laws, and matters relating to the police. 
 
 The Corporation of London were appointed Con- Sects. 3, 4, 8. 
 servators of the Forest. The deer were transferred to 
 them as objects of ornament in the Forest, and Queen 
 Elizabeth's Lodge, as an object of public and antiquarian 
 interest. Their duty is to keep the Forest unbuilt upon sect. 7. 
 and otherwise to protect and manage it (with large powers. Sect. 33. 
 of regulation) as an Open Space for the recreation and . 
 enjoyment of the public, and to preserve its natural 
 aspect, its ancient remains, and its timber and underwood ; 
 and to make bye-laws for its regulation. Sect. 36. 
 
 The illegally inclosed lands, except such as on 14th 
 August, 1 87 1, were already built upon, or inclosed, and 
 used as gardens and curtilages, and some others, were 
 directed to be thrown open ; the value of the soil, Sect. n. 
 minerals, and timber being paid for by the Conservators ; 
 who were also required to purchase such of the wastes 
 actually lying open, as had not already been acquired by Sect. 12. 
 the Corporation. 
 
 The Conservators were also to buy up or compensate Sect. 13 and 
 the owners of the lopping rights over the Loughton and 2. ' 
 wastes, and of the fuel assignments, and rights of 
 digging gravel ; the holders of the office of Lord Warden, 
 and some other small rights. 
 
 F. BB 
 
3 7o THE FOREST OF ESSEX. 
 
 The owners of the waste lands not thrown open 
 
 were to pay for the quieting of their titles, such sums as 
 
 Sects. 10—13, should be fixed by Sir Arthur (now Lord) Hobhouse, the 
 16, 18, &c. . •' ^ ' 
 
 Arbitrator appointed by the Act, by whom all disputed 
 
 questions were to be settled, and whose awards were 
 
 made absolutely conclusive upon all persons, including- 
 
 the Crown. 
 
 Sects. 29, 33 The Act also preserved the right of the Forest 
 
 parishes to nominate Reeves, whose appointments are to 
 be completed by the Conservators. 
 
 Sect. 30. It appointed Sir Thomas Fowell Buxton, Bart., Sir 
 
 Antonio Brady, Mr. Thomas Charles Baring, and Mr. 
 Andrew Johnston to be Verderers until the 25th March, 
 1880 ; and provided that succeeding Verderers should be 
 appointed by the registered commoners ; the qualification 
 being residence in one of the Forest parishes, or mem- 
 bership of the Court of Common Council of the City of 
 London. The Verderers hold office for seven years, and 
 casual vacancies are filled up by the Conservators. But 
 the duties of the modern Verderers, like those of the 
 modern Ranger, have very little connection with the 
 duties attached to the ancient offices. 
 
 Sect. 31. The Conservators act by a committee of twelve, 
 
 called the Epping Forest Committee, selected by the 
 Court of Common Council. The Verderers are members 
 of this Committee, but have no special powers. 
 
 Rep. of Epp. The labours of the Arbitrator occupied four years. 
 
 For. Com- . . ■' 
 
 mitteeof On the 24th July, 1882, he signed his final award, and 
 
 Dec. i'882. the map of the Forest wastes, which were thenceforth to 
 
 constitute Epping Forest. For the purposes of the arbi- 
 
HOW THE WASTES WERE DISAFFORESTED. 371 
 
 tration he held 114 public and many private meetings, 
 and made 787 orders ; and heard counsel, and received 
 the testimony of a great number of witnesses on the 
 many questions in dispute. 
 
 In accordance with his judgment, the fuel assign- 
 ments in Waltham Holy Cross and Sewardstone, were 
 extinguished on payment by the Corporation of 
 12,922/. 13^. as compensation, increased by the costs Rep- of Epp. 
 
 •' For. Com. 
 
 and other expenses to about 15,000/. ; and the rights of of corpu., 
 lopping in Loughton on payment of the value of 7,000/. j^ p jg. 
 Consols; of this amount, 1,000/. was distributed among 
 the cottagers who had exercised the rights, and the rest 
 was paid to trustees as the foundation of a charity, to be 
 called " The Lopping Endowment," for which a scheme 
 was prepared by the Arbitrator. The sums to be paid 
 by the holders of such of the illegally inclosed wastes as 
 were not thrown open, in order to quiet their titles (the 
 fixing of which involved questions of great difficulty), 
 and by the Corporation for the purchase of the soil of 
 those which were thrown open, and for the yet un- 
 purchased open wastes with the timber upon them, were 
 also ascertained : and the compensation for the remaining 
 rights of the Lord Warden was fixed at 300/., and for 
 certain rights of digging gravel in the manor of Leyton 
 at 800/. 
 
 In the whole, the Corporation paid out of the metage id., 
 of grain duty for the purchase of the soil and timber of pp. 36, 37. 
 the waste lands, and for the extinction of the wood 
 and other rights, including interest and the costs of the 
 conveyances, no less a sum than 227,117/. 16^. %d., 
 reduced, however, by somewhat more than 21,000/. 
 
 B B 2 
 
372 
 
 THE FOREST OF ESSEX. 
 
 received for land sold, the quieting of titles, and other 
 sources. And they paid besides nearly 33,500/. for the 
 expenses incurred in Parliament, in the litigation before 
 the Epping Forest Commission and the Court of Chancery, 
 and in the protection of the Forest pending the proceed- 
 ings ; without reckoning the costs of improvements and 
 management, down to the completion of the arbitration. 
 The Forest was thrown open to the public by the 
 Queen at High Beech in the presence of a large assem- 
 blage of people, on the 6th May, 1882. And thus, by 
 the exertions and at the sole cost of the Corporation of 
 London, a district originally taken from the ancient folk- 
 land for the exclusive use of the Sovereigns, was, after 
 many centuries, dedicated by the hands of their Successor 
 to the use and enjoyment of her Subjects. 
 
( 373 ) 
 
 APPENDIX. 
 
 THE YERDERERS. 
 
 1250. Hundreds of Tendring and Lexenden at Alrefen. 
 
 Dominns Johannes de Boxstede. 
 Thomas Neward. 
 
 Hundreds of Turstapele and Wensetri, and half hundred 
 of Lexenden at Tiptre. 
 
 Robertus de Wintreflod, in the parts of Lexenden. 
 Ricardus de Andhonte, in the parts of Wensetri. 
 Ricardus filius Ada de Legera, in the parts of Turstapele. 
 
 Half hundreds of Wyham and Felstede. 
 
 Galfridus de Slaunundeshoe. 
 Radulphus de Stentone. 
 
 Hundreds of Chelmersford and Danesei. 
 
 Chelmersford. 
 
 Johannes de Bedelestede. 
 Bartolomeus filius fulconis. 
 
 Danesei. 
 
 Johannes de Walflet. 
 Radulphus de la Haya. 
 
374 APPENDIX. 
 
 1250. Hundreds of Berdestaple and Chafford. 
 
 Chafford. 
 
 Dominus Henricus de Helehetone. 
 Dominus Willelmus Toral. 
 
 Berdestaple. 
 
 Simon de Duntone. 
 Thomas de Mockinge. 
 
 Half hundred of Chelmersford, in the parts of Writele. 
 Bertolomeus filius fulconis. 
 
 Hundred of Aungre and half hundred of Wantham. 
 
 Aungre. 
 
 Elija de la Frit. 
 Gregorius de Taydene. 
 
 Wantham. 
 
 Gilbertus de Eppinge. 
 Rogeras Levenoth. 
 Simon Sakesper. 
 
 Before 1277 Hamo, the Clerk. 
 
 1277, Half hundred of Lexenden. 
 Richard Baynard. 
 
 Half hundred of Wesentre. 
 
 Richard de Gilbeerake. 
 
 Half hundred of Thurstapele. 
 Luke de Aldeholte. 
 
 Hundred of Aungre. 
 
 Nicholas de Bruera. 
 William de Marny. 
 
THE VERDERERS. 375 
 
 mi. Hundred of Wantham. 
 
 Adam le Gaunt. 
 Roger Levenoth. 
 
 1285. Regards of Chelmersford and Aungre. 
 
 Hubert de Waleys. 
 William de la Haye. 
 William de la Laneshende. 
 Walter de la Grane. 
 William Baudewin. 
 John Gobynn. 
 Robert le Norris. 
 Jeffery le Rous. 
 Adam de la Claye. 
 John Den. 
 Edmund de Nastok. 
 Adam le Gaunt. 
 John de la Mere. 
 John de la Donne. 
 Richard Bassingbourn. 
 
 1292. Regard of Aungre. 
 
 Adam le Gaunt. 
 Walter de Halefield. 
 
 lS23-!t. Half hundred of Wantham. 
 Vincent of Hertford. 
 Walter of Halyfield. 
 
 For the Forest. 
 
 1366. Radulphus Asselyn. 
 
 Thomas Smyth. 
 lJj.89. Robert Plomer. 
 
 William Wything. 
 
 Edward Waren. 
 
 Thomas Broke of Berkyng. 
 Ilfi5, Richard Barley. 
 
 Edward Waren. 
 
376 APPENDIX. 
 
 For the Forest — continued. 
 
 1590. Francis Stonard. 
 
 1594. Thomas Colshill. 
 
 Barnard Whetston. 
 
 Francis Stacye. 
 Before 1630 Clement Stonard. 
 
 Edward Elrington. 
 
 John Barefoote. 
 
 William Cooke. 
 
 Barnard Whetstone. 
 
 John Pennington. 
 
 John Haies ■) Removed by the King's writ as unfitted 
 
 William Roe j for the office. 
 
 1630. Sir Thomas Fanshawe. 
 Tobie Wood. 
 
 Carew Hervy, otherwise Mildmay. 
 
 1631. Sir Nicholas Cooke. 
 Sir Thomas Fanshawe. 
 Toby Wood. 
 Edward Elrington. 
 
 Carew Harvy, otherwise Mildmay. 
 1634. John Wood. 
 
 Henry Elrington. 
 
 Charles Hervey, otherwise Mildmay. 
 
 William Conyers. 
 1637-8. Toby Wood. 
 
 Edward Keighley. 
 
 William Conyers. 
 1638-9. Charles Hervey, otherwise Mildmay. 
 
 John Wood. 
 
 William Conyers. 
 
 John Goulding. 
 I64I. Charles Maynard. 
 
 Edward Keighley. 
 
 Carew Harvey, otherwise Mildmay. 
 
 Edward Palmer. 
 
THE VERDERERS. ill 
 
 For the Forest — continued. 
 
 leip.. Toby Wood. 
 
 Carew Hervey, otherwise Mildmay. 
 
 William Conyers. 
 
 Edward Keighley. 
 1Q^0. Carew Hervey, otherwise Mildmay. 
 
 George Scott. 
 
 Henry Wollaston. 
 
 William Maynard. 
 1670-1. Sir William Holcroft. 
 
 ni$, William Scott. 
 
 William Nutt. 
 
 John Wroth. 
 
 Carew Hervey, alias Mildmay. 
 ni8. Sir Thomas Webster, Bart., vice Wroth. 
 
 1721. Sir John Eyies, Bart., vice Nutt. 
 
 1725. Sir Henry Maynard, vice Scott. 
 
 1739. William Harvey, vice Maynard. 
 
 171^3. William Harvey, vice Harvey. 
 
 John Conyers, vice Carew Hervey, alias Mildmay. 
 171^5. John Goodere, vice Eyles. 
 
 1751. Crisp Gascoyne, afterwards Sir C. Gascoyne, vice Webster. 
 
 1757. Richard Lockwood, vice Goodere. 
 
 1762. Bamber Gascoyne,' vice Sir C. Gascoyne. 
 
 1767. Sir William Wake, Bart., vice Harvey. 
 
 1771. William Harvey, vice Conyers. 
 
 1779. John Conyers, vice Harvey. 
 
 1785. Eliab Harvey, afterwards SirE. Harvey, K.C.B., vice Wake. 
 
 1792. Sir William Smyth, Bart., vice Gascoyne. 
 
 1798. Montagu Burgoyne, vice Richard Lockwood. 
 
 1812. William Joseph Lockwood, vice Smijth. 
 
 1830. Henry John Conyers, vice John Conyers. 
 
 1831. William St. Julien Arabin, vice Harvey. 
 
 * His daughter and heiress married the second Marquis of Salisbury. 
 He appears among James Bayer's political caricatures, under date 
 6th March, 1782. 
 
378 APPENDIX. 
 
 For the Forest — continued. 
 Before 18li3. J. P. Lockwood. 
 
 William Whitaker Maitland ; and 
 
 George Palmer, Junr., who survived his co-Verderers. 
 
 Appointed [ ^'^ Thomas Fowell Buxton, Bart. 
 
 byEpping J Sir Antonio Brady. 
 
 Forest Act, \ „, , , 1 
 
 2575, ( Thomas Charles Baring. 
 
 Andrew Johnston. 
 
 THE FORESTERS. 
 
 Chief or Riding Foresters. 
 
 1250. Hundreds of Tendring and Lexeden at Alrefen. 
 Robertus de Musso. 
 Adam de ToUeshunte. 
 
 Hundreds of Turstapele and Wensetre, and half hundred 
 of Lexeden at Tiptre. 
 Wilhelmus del feu. 
 
 Half hundreds of Wyham and Felsted. 
 Johannes de Aungres. 
 
 Hundreds of Chelmersford and Danesei. 
 Radulphus Hotot. 
 
 Hundreds of Berdelstaple and Chafforde. 
 Rogerus Elis. 
 
 Half hundred of Chelmersford, in parts of Writele. 
 Robertus Page. 
 Jordanus de Rammesden. 
 
THE FORESTERS. 379 
 
 1250. Hundred of Aungre, and half hundred of Wantham 
 Holy Cross. 
 
 Petrus filius de Johannis. 
 
 Bailiwick of Alrefen and Kingswood. 
 Alouil25S. Symon Norman | .^^ ^^^ 
 
 1^92. Ralph de Mareschall ) 
 
 1285. Regard of Aungre. 
 
 Richard de Hurst. 
 Roger Levenote. 
 
 Regard of Chelmsford. 
 Roger Bolle. 
 
 John de Wolanston (in fee, Horsefrith). 
 Hubert de Mamy. 
 John Scurel. 
 
 1^92. Hundred of Bekentre. 
 
 John de Chigwell. 
 
 and 1292. ] ^^^^ hundred of Waltham. 
 
 Henry Fitzaucher (in fee), vested in the Abbot of 
 Waltham in the 14th century. 
 
 
 The Forest. 
 
 1366. 
 
 Simon Wynd. 
 
 
 John Colfr. 
 
 
 John Burghers. 
 
 
 Richard Leyton. 
 
 
 Riding Forester 
 
 1flS9. 
 
 John Froste. 
 
 1589. 
 
 Robert Wroath. 
 
 1641. 
 
 Endimion Porter. 
 
 1707. 
 
 Francis Harvey, alias Mildmay. 
 
38o APPENDIX. 
 
 The Forest — continued. 
 
 1720. 
 
 Carew Mildmay. 
 
 1723. 
 
 Baron Suasso. 
 
 17It3. 
 
 Vacant till— 
 
 17VI. 
 
 Hon. Josiah Child. 
 
 1760. 
 
 Charles Raymond, afterwards Sir Charles Raymond, Bart. 
 
 1788. 
 
 Vacant till— 
 
 17H. 
 
 The Rev. Thomas Abdy Abdy, Clerk. 
 
 1800. 
 
 John Bullock. 
 
 1808. 
 
 William Bosanquet. 
 
 1813. 
 
 John Rigg. 
 
 Aioutl817. 
 
 John Wright. 
 
 Chief Foresters or Master Keepers. 
 
 U89. Bailiwick of Stratford. 
 
 John Pagynton. 
 
 Bailiwick of Inholt. 
 
 Matthew Sharden. 
 
 Bailiwick of Waltham. 
 Thomas Austyn. 
 
 Bailiwick of Ongre. 
 
 Christopher Stubbys. 
 
 U95. Half hundred of Waltham. 
 Robert Cot. 
 
 Hundred of Ongar. 
 
 Reginald Moore. 
 
 East or Chappie Hainault Walk. 
 
 1590. Sir Henry Graye. 
 
 Before 1630. Sir Gawin Hervy. 
 
THE FORESTERS. 381 
 
 East or Chappie Hainault Walk — continued. 
 1630. Sir Henry Edmonds. 
 
 16J^. Anthony Eyres. 
 
 1707. John Cross. 
 
 1713, William Graham. 
 
 1724. Sir John Eyles, Bart. 
 
 1726. Lord Castlemain, afterwards Richard Earl of Tylney. 
 
 17 Ag, John Earl of Tylney. 
 
 1771, Andrew Moffat. 
 
 17S5, Samuel Pole. 
 
 17S8. John MoiFatt. 
 
 27gQ, William Raikes. 
 
 ISOl. William Matthew Raikes. 
 
 ISIJ^. Jeremiah Harman. 
 
 Lamborne and Chigwell Walk. 
 
 1590. Robert Wroth. 
 
 1707. William Harvey' (Lamborne). 
 
 1725. Lord Castlemain, afterwards Richard Earl of Tylney. 
 1749, John Earl of Tylney. 
 
 1771, Charles Raymond, afterwards Sir C. Raymond, Bart. 
 
 17S5, John Williams. 
 
 Job Mathew. 
 1802. ' John Rutherforth Abdy. 
 
 Epping Walk. 
 
 15Q0, Sir Thomas Heneage. 
 
 161/1, James Earl of Carlisle. 
 
 1707. Sir Thomas Webster. 
 
 1725, Whisler Webster. 
 
 1753, Godfrey Webster. 
 
 1782. John Conyers. 
 
 1830. Henry Jqhn Conyers. 
 
 ' In several of the Rolls the names of William Harvey and of 
 William Harvey, Junr., keeper of Loughton Walk, appear to have been 
 transposed by mistake. 
 
382 APPENDIX. 
 
 Fairmead or New Lodge Walk. 
 
 lesif. Edward Earl of Norwich. 
 
 1101. Late Robert Sotherby. 
 
 niS. .... Southerby. 
 
 nii2. William Sotheby. 
 
 1744. Edward Southerby, sworn 1747. 
 
 1188. William Southeby. 
 
 1823. W. Sotheby to October, 1848. 
 
 18It.8. Charles Sotheby. 
 
 
 Woodford Walk. 
 
 1590. 
 
 Robert Lee, or Leigh. 
 
 hforeieSO 
 
 Sir Robert Wroth. 
 
 
 William Earl of Pembroke (with Loughton). 
 
 1630. 
 
 Sir Robert Hatton. 
 
 
 Philip Earl of Pembroke and Montgomery (with Loughton) 
 
 1707. 
 
 Robert Bullock. 
 
 1713. 
 
 Robert Chester. 
 
 1733. 
 
 Sir Joseph Eyles. 
 
 17IfO. 
 
 Sir Joseph Hankey. 
 
 1770. 
 
 Charles Foulis. 
 
 1785. 
 
 Samuel Bosanquet. 
 
 1803. 
 
 John Rigg. 
 
 1813. 
 
 Sir Robert Wigram, Bart. 
 
 1831. 
 
 Peter Mallard. 
 
 Walthamstow Walk. 
 
 1590. William Roe. 
 
 Before 1630 Sir Robert Wroth, with Loughton, Woodford, and Leyton. 
 
 163J^&16^1 Sir Thomas Hatton. 
 Sir Henry Rowe. 
 
 1707. Late Sir Josiah Child. 
 
 ni3. Rowland Wifine. 
 
 1718-19. Christopher Crow. 
 
 1737. William Hunt. 
 
THE FORESTERS. 383 
 
 Walthamstow Walk — contintted. 
 
 nifi. John Earl of Tylney. 
 
 2750. Theophilus Salway. 
 
 1160. Peter Newman. 
 
 1771. Anthony Bacon. 
 
 1779. John Bristow. 
 
 11182. George Biggin. 
 
 1186. Thomas Grosvenor. 
 
 1795. George Bowles. 
 
 About 1811. Charles Callis Western. 
 
 18S1. Thomas Baucutt Mash. 
 
 1851. Alderman W. T. Copeland. 
 
 Loughton Walk. 
 
 1590. Robert Wroth, with Chingford. 
 
 Before 1630 Robert Wroth. 
 
 William Earl of Pembroke, with Woodford. 
 In 1630 ) ^^^ Thomas Lake. 
 
 and 1641. ] Philip Earl of Pembroke and Montgomery, with Wood- 
 
 1707. William Harvey. ford. 
 
 1714. William Harvey, Junr. 
 
 1743. James Langston and 
 
 James Haughton, and the survivor of them. 
 1750. James Langston, formerly James Houghton. 
 
 1711. James Houghton Langston. 
 
 1795. William Mellish. 
 
 1857. . . . Marsh. 
 
 Chingford Walk. 
 
 ISgO. Robert Wroth, with Loughton. 
 
 1634. Edward Earl of Norwich, with Epping. 
 
 1101. Robert Boothby. 
 
 113S. Thomas Boothby (Frances his wife and Robert his son 
 
 for their lives and the life of the survivor). 
 2135. Frances Boothby. 
 
384 APPENDIX. 
 
 Chingford Walk — continued. 
 1737. Benj" Moyer [in right of his wife late widow of Thos. 
 
 Boothby.] 
 1760. Robert Boothby. 
 
 1777. John Heathcote. 
 
 1785. Frances Moyer, widow. 
 
 1812. Lydia Heathcote. 
 
 1857. .... Whiteman. 
 
 Leyton and Wanstead Walk. 
 
 1590. Thomas Powle. \-r . 
 
 _159Ji. Ralph Colston. ) ^^'^^' 
 
 Before 1630 Sir Robert Wroth (with Loughton, Woodford, and Walt- 
 
 I634. Sir Robert Quarles (with West Hennalt). hamstow). 
 
 1709. • • • Doleman. 
 
 1713. Jeremiah Gough. 
 
 1716. Sir Richard Child. 
 
 1'}'17. John Letheiulier. 
 
 1737. Richard Earl of Tylney. 
 
 1749. John Earl of Tylney. 
 
 1785. Sir James Tylney Long, Bart. 
 
 1796. William Bullock. 
 
 1813. Charles Danvers. 
 
 1831. William Richard Arthur Long Wellesley, afterwards Earl 
 of Mornington. 
 
 West Hainault Walk. 
 
 1590. Sir Henry Graye, with Chappie Haynault. 
 
 Before 1630 Richard Hart. 
 
 Christopher Hamond. 
 
 ^^^^- Sir Robert Quarles. 
 
 ^^^- Francis Petre. 
 
 ^'^07. George Smith. 
 
 ^'^^^- Sir Richard Child, afterwards Viscount Castlemain, and 
 
 1720-21. John Prince. Earl of Tylney. 
 
 ^'^^9- John Earl of Tylney. 
 
 ■^' '•^- Charles Raymond, afterwards Sir C. Raymond, Bart. 
 
THE REGARDERS. 385 
 
 
 West Hainault Walk- 
 
 -continued. 
 
 1785. 
 
 John Williams. 
 
 
 1790. 
 
 Donald Cameron. 
 
 
 1797. 
 
 James Hatch. 
 
 
 1807. 
 
 Charles Smith. 
 
 
 1812. 
 
 John Maitland. 
 
 
 1831. 
 
 Charles Sotheby. 
 
 
 THE REGARDERS. 
 
 1250. Hundreds of Turstapele and Wensetri and half hundred 
 of Lexenden at Tippetri. 
 
 Ricardus de Wiremundeforde, in the parts of Turstapele. 
 Rogerus de Ponte, in the same 'parts. 
 Willelmus de Oxstone, in the parts of Wensetri. 
 Stephanus de Cheriton, in the same parts. 
 Hubertus de Beccingham, in the parts of Lexenden. 
 Radulphus Olivere, in the same parts. 
 
 Half hundreds of Wyham and Felstede. 
 Dominus Luccas de Terlinge. 
 Petrus de Redlege. 
 
 Hundreds of Chelmersford and Danesei. 
 Johannes de Lindwode. 
 Willelmus de Laundre. 
 Adam Mercater de Ginge Laundre. 
 Willelmus Henvard. 
 
 Hundreds of Berdelstaple and Chafford. 
 Robertus de Fonte. 
 F. C C 
 
386 APPENDIX. 
 
 1250. Half hundred of Chelmersford, in the parts of Writele. 
 
 Willelmus de Alneto. 
 
 Hundred of Aungre and half hundred of Wantham Holy 
 Cross. 
 
 Hundred of Aungre ? 
 
 Johannes Clericus de Taydene. 
 Hamo de la Heg de Bolbingworpe. 
 Willelmus filius Galfridi. 
 Ricardus gumeter(?) de Lakefare. 
 
 Half hundred ofWantham. 
 Adam de Mapeldere. 
 
 1211. Regard of Colchester. 
 
 Sewalas de la More. 
 Robert le Paumer. 
 William de la Holtc. 
 Roger Neward. 
 William de Samaunestone. 
 William John. 
 Rotehinius de Leyre. 
 John le Nevon. 
 Bartholomew de Mora. 
 John de Netinge. 
 Nicholas, son of Ralph. 
 Richard le Vein. 
 
 Regard of Aungre. 
 
 Maerus de Theydene. 
 John Clerk. 
 Thomas le Walays. 
 Nicholas de Fishyd. 
 Elias de Camera. 
 Hugh, son of Benedict. 
 William Champeneys. 
 John, son of Ivon. 
 
THE REGARDERS. 387 
 
 IWlii. Regard of Aungre — contimied. 
 
 Nicholas Burde. 
 John Olive. 
 Walter de Molendino. 
 John de Ecclesia. 
 
 n92. Regard of Colchester. 
 
 William de Samantone. 
 John Oliper. 
 Roger Neward. 
 Richard le Paumer. 
 William, son of John. 
 John de R^ 
 Roger Bakum. 
 William de Leys. 
 Richard de Rowe. 
 John Noven. 
 Roger de Onefaye. 
 Bartholomew de la More. 
 
 Regard of Aungre. 
 
 Saer de Theyden and others. 
 Ralph Marton and others. 
 
 isee. Hundred of Chelmsford ? 
 
 Edward Warner. 
 Nicholas Clerk. 
 Robert Bolton. 
 Peter atte Hyde. 
 Richard Lambekyn. 
 Walter atte Lee. 
 Richard Blake. 
 William Bedel. 
 Thomas Belhous. 
 Thomas Hughe. 
 John de Kent. 
 Thomas de Benyngton. 
 C C 2 
 
388 APPENDIX. 
 
 Hundred of Chelmsford — continued. 
 1489. Philip Cooke. 
 
 John Symondys. 
 John Brewster. 
 Thomas Trappys. 
 Reginald Garston. 
 John Hale. 
 Henry Lover. 
 Thomas Froste. 
 John Grene. 
 Richard Jenyn. 
 William Okelee. 
 William Johnson. 
 Thomas Harewell. 
 John Legge. 
 
 Thomas Broke of Layton . 
 John Frensh. 
 William Stondon. 
 John Hedges. 
 
 1495. Hundred of Aungre. 
 
 William Cooke. 
 John Grene. 
 
 1594. Half hundred of Waltham. 
 
 Thomas Rampstone. 
 William Scott. 
 George Nodes. 
 Edmund Winch. 
 Thomas Barnes. 
 Thomas Taverner. 
 Henry Palmer. 
 George Broocke. 
 James Atkin. 
 Edward Searle. 
 
THE REGARDERS. 389 
 
 159k. Half hundred of Waltham — continued. 
 
 John Cheyney. 
 
 Andrew Fuller. 
 1630, 1631, & 1634.' Richard Searle. 
 
 Thomas Winch. 
 
 Edmond Cooke. 
 'John Gooldinge. 
 
 Thomas Stocke. 
 
 William Yonge. 
 
 William Stanes. 
 ' Thomas King. 
 
 Richard Maynard. 
 * William Gilsthroppe. 
 
 William Finch. 
 
 Robert Shurley. 
 
 Richard Waylett. 
 1638. Richard Searle. 
 
 " Edmond Cooke. 
 
 William Stone. 
 " Richard Maynard. 
 
 William Millington. 
 " Ralph Barker. 
 
 Nicholas Spackman. 
 " John Goulding. 
 " William Waylett. 
 
 Philip Capper. 
 
 John Winche. 
 
 Richard Haddon. 
 
 John Searle. 
 
 * But at the foot of the Roll the name of Thomas King is replaced 
 by that of William Waylett. 
 
 ' Omitted in the list for 1631. 
 
 * Omitted in 1634. 
 
 * John Peachie in his place in 1631 "for this turn only.' 
 " Only these Regarders signed the Roll. 
 
390 APPENDIX. 
 
 leijl. Hundreds of Waltham and Becontree. 
 Richard Searle. 
 Thomas Winch. 
 William Stanes. 
 Richard Maynard. 
 John Goulding. 
 Edward Cooke. 
 Ralph Barker. 
 Nicholas Spackman. 
 ' William Millington. 
 William Waylett. 
 Richard Hadden. 
 William Johnson. 
 
 Hundred of Chelmsford. 
 
 Jacob Maldon. 
 ' William Aylett. 
 ' John Crush. 
 
 Thomas Sorrell. 
 ' William Burchard. 
 
 Thomas Rochell. 
 
 Ralph Coker. 
 
 William Pond. 
 ' Jessey Polley. 
 ' John Chalke. 
 ' William Crush. ' 
 
 Thomas Say. 
 
 Hundred of Colchester. 
 
 William March. 
 
 Edward Neale. 
 
 Lucas Bennold. 
 
 William Ballard, in place of Thomas Ham \ 
 
 William Armstead „ Thomas Turner P'O.hac 
 
 I vice 
 John Stevens „ Thomas Porter / 
 
 Andreas Damyon. 
 
 ' These signed the roll. 
 
THE REGARDERS. 
 
 39' 
 
 161(1. 
 
 1670. 
 
 Hundred of Colchester — continued. 
 
 John Harrington, in place of John Hasler 
 Edward Fulham „ Richard Sheppard I pro hac 
 
 Richard Stock „ William Clarke f vice. 
 
 Robert Bird „ Thomas Bacon J 
 
 Jereniiah Eades. 
 
 Bailiwick of Ongar. 
 
 ' John Aylett. 
 ' RofFe Pettus. 
 ' John Convers. 
 * John Stocke. 
 
 John Glascock. 
 ' Christopher Searle. 
 ■ William Collyn. 
 ' Isaac Davies. 
 
 Abraham Croshier. 
 ' Samuel Coleford. 
 
 Zacharias Bell. 
 ' Nathaniel Addams. 
 
 GeofFry Lee. 
 ' John Searle. 
 " Thomas Pearle. 
 " Edward Wallmer. 
 » Richard Waylett. 
 
 Richard Stephens. 
 » Henry Webb. 
 » Martin Trott. 
 '^ John Davis. 
 
 Benjamin Finch. 
 
 Walter Pellinge. 
 ' Edward Goldinge. 
 
 'Thomas Haselfoote, sworn in the place of , Thomas 
 Caunt, absent from sickness. 
 
 ' These signed the roll. 
 
 * Only these Regarders signed the roll. Contrary to the usual 
 practice, there were thirteen, instead of twelve, Regarders on this 
 occasion. 
 
392 APPENDIX. 
 
 The King's Woodwards. 
 
 1630. 
 
 Robert Barefoote. 
 
 
 John Holmes. 
 
 163k. 
 
 Gerson Holmes. 
 
 1707.'- 
 
 Gilbert Jones. 
 
 1713-U. 
 
 Henry Foster. 
 
 17U. 
 
 George Waters. 
 
 1733. 
 
 William Mason, Junr. 
 
 1736. 
 
 Richard Arnold. 
 
 1753. 
 
 John Brookes. 
 
 1755. 
 
 Edward Meredyth. 
 
 1761. 
 
 Richard Pater. 
 
 1770. 
 
 Edward Meredith. 
 
 1785. 
 
 John Fuller. 
 
 1791. 
 
 Richard Hould. 
 
 1810. 
 
 James Tomlins. 
 
 1830. 
 
 William Turner. 
 
 1831. 
 
 James Sherman Spering. 
 
 ' From the schedule to the conveyance of the Stewardship to Sir 
 Richard Child in 1709, Pen. Trustees of Lord Mornington. The 
 names after 1709 are from the Attachment Rolls. 
 
( 393 ) 
 
 The Perambulation of the Forest of Waltham, in 
 THE County of Essex ; made in the 28th and 
 
 CONFIRMED IN THE 29TH YEAR OF EdWARD I. 
 (1301). 
 
 The King, to all to whom these presents shall come, Ch. Misc. 
 greeting. Know ye that whereas the Commonalty of our 27°to'z9Ed.i. 
 Kingdom have granted us a fifteenth of all their move- 
 able goods which they shall have at Michaelmas next to be 
 then assessed, which fifteenth, after the same assessment, 
 ought to be collected, raised, and faithfully paid to us, we 
 desire and grant for us and our heirs that the perambulations 
 made before our beloved and faithful Ralph de Hengham and 
 his associates, for this purpose assigned by our writ, concern- 
 ing our Forests in the county of Essex, be held and observed 
 by the metes and bounds asserted in the same perambulations, 
 the tenor whereof, word for word, is as follows : — 
 
 Perambulation of the Forest in the county of Essex, made 
 at Chelmsford, on Friday, the morrow of the Ascension of 
 our Lord, in the 28th year of the Reign of King Edward, son 
 of King Henry, before the Lords Ralph de Hengham, William 
 Tressell, Stephen de Graveshend, and William de Sutton, 
 Justices of the lord the King assigned to make the said 
 perambulation, videlicet by the Lords Robert De St. Clare, 
 Hugh le Blund, Thomas de Moundevill, Walter le Bandj 
 William de Hanyngfeld, John Heron, Ralph de Hemenhale, 
 William de Horkeleye, John de Preers, John de Sutton, 
 Knights ; John Dewe, John Malegraffe, Matthew de Branketre, 
 Sewall de Waleton, Edmund de Badewe, Richard de Clovill, 
 
39+ APPENDIX. 
 
 Roger Bokscyn, Richard le Dick, Robert le Waleys, Thomas 
 de Seven Springs, Warren Code, William de la Rokele, John 
 de Slamondeshey, Luke Morel, and Thomas de Ulting, Jurors, 
 who commenced the aforesaid perambulation the day afore- 
 said at the bridge of Stratford called La Bowe, under which 
 runs the river of Luye ; and so going in the hundred of 
 Bekentre by the King's highway even to Hyleford [Ilford], 
 and from Hyleford straight by the same King's highway which 
 leads towards Romford as far as a certain Cross set at the 
 head of a certain lane called Wytheslane in the town of 
 Havering ; and from that Cross returning towards the south, 
 by the hedge which is the boundary between the land of Gilbert 
 Godebold of the fee of the Abbess of Berkyng, and the land 
 of John Atte Wythe of the fee of Havering, which hedge is 
 the boundary between the vills of Havering and Dakenham ; 
 and so by that hedge as far as the ditch of John le Franssch 
 and Agnes atte Wythe of Dakenham. And by that ditch as 
 far as the King's highway which leads from Yleford to the 
 Homed Monastery [Hornchurch], as a certain water runs from 
 across the same highway, which water is called Wytheden- 
 broke, and is the boundary between Havering and Dakenham. 
 And from that water as far as a certain place called la Berwe 
 with all the piece of land in which is the aforesaid place called 
 la Berwe, as the boundary extends between the vills of 
 Havering and Dakenham as far as a certain stream of water 
 called the Borne, which water runs down from a certain 
 spring called Haveringwelle as far as a certain place called 
 Dakenhambeem, and from that place as far as the line of the 
 water of the Thames by a certain ditch called Markedyke, 
 between Havering and Dakenham ; and so by the Thames as 
 far as the fleet called Wadeflet, extending itself as far as a 
 certain bridge called Reynhambeem, which fleet separates the 
 vills of Havering and Reynham in the hundred of Chafford ; 
 and from that bridge called Reynhambeem, straight as far as 
 the bridge called Dellebrigge, as the water runs which is the 
 
THE PERAMBULA TION OF 1301. 395 
 
 boundary between the hundreds of Bekentree and Chafford ; 
 and from the same bridge as far as a certain other bridge 
 called Weldebornbrigge always by the stream which divides 
 the vills of Havering and Welde Albatis ; and from that bridge 
 by the same stream as far as a certain boundary called Marke- 
 thorn which divides the vills of Havering, Welde Abbatis, and 
 Nastok, in the hundred of Aungre ; and so in the hundred of 
 Bekentre remain wholly in the Forest the vills of Havering 
 with its appurtenances, "Wansted, Leyton, Welcomestowe, and 
 Wodeford ; and the vills of Stratford in Westhamme, East- 
 hamme, Hyleford Parva, Berkyng, and Dakenham, in part 
 remain beyond the Forest, and in part remain within the 
 Forest as by the metes and bounds they are above more fully 
 bounded. And so going from the aforesaid boundary Marke- 
 thom always by the said stream as far as the house of Robert 
 the Tanner, of Nastoke, in the hundred of Aungre ; and from 
 that house as far as the messuage of William son of Hugh de 
 Nastok ; and so from thence to a hedge straight as one goes 
 to the house of Edmund de Nastok, and from that hedge as 
 far as a certain messuage of Henry de Wykeham of the same 
 [vill] and from that messuage as far as a certain place called 
 Frythstigele in the same [vill] ; and from that place as far as 
 the land of John de Stodeley ; and from that land as far as the 
 divided stream ; and so always by the same stream as far as the 
 bridge called Pyssyngfordebregge by the mid-stream ; and 
 from the said bridge by the mid-stream as far as a certain 
 bridge called Affebregge ; and from that bridge going straight 
 to the church of Theydon Boys ; and from the same church as 
 far as the messuage of John de Russelep, opposite the mes- 
 suage of the rector of the church of Theydon Boys ; and from 
 that place returning by the side of the wood of the said rector 
 and Gilbert de Theydon as far as the messuage of the same 
 Gilbert, and from the said messuage again returning by the 
 hedge of the said Gilbert, as far as the messuage of John 
 Sprigg ; and so from that messuage by the lane lying before 
 
396 APPENDIX. 
 
 the messuage aforesaid called Sprigges' Lane, as far as the 
 house of Roger atte Fryth ; and from that house direct to the 
 house of William le Gardiner in the same vill, lying upon the 
 side of Eppyngheth; andfromthat house returning by the boun- 
 dary which separates the half hundred of Waltham and the 
 hundred of Aungre straight even to the head of the wood called 
 Old Wyntre; and from that wood by the King's highway 
 which is the boundary of the aforesaid hundreds of Aungre and 
 Waltham extending to the wood called Gemonneswode in the 
 vill of Theydon Gernon ; and from that wood as far as the oak 
 called Markoake, which is the boundary between the lands of 
 the Abbot of Waltham and Robert the son of Walter, and 
 William Gernon ; and so returning by the King's highway 
 which extends between the lands of the aforesaid Abbot of 
 Waltham and Robert the son of Walter, straight even to a 
 place called Reodegate in the vill of Welde ; and so in the 
 hundred of Aungre remain entirely within the Forest the vills 
 of Loketon, Chygewell, Lamborn, and Stapleford Abbatis. 
 And the vills of Nastoke and Theydon Boys in part remain 
 within the Forest, and in part beyond the Forest, as above by 
 the metes and bounds they are more fully bounded ; and 
 all the rest of the vills in the hundred of Aungre aforesaid, 
 ought to remain beyond the Forest. All the half hundred of 
 Waltham remains wholly within the Forest without excep- 
 tion. All the half hundred of Herlawe remains beyond the 
 Forest, except the villate of Hatfield Regis with its appur- 
 tenances, which wholly remains in the Forest, because 
 it is ancient demesne of the lord the King, as also the 
 hamlet called La Walle, and the wood called Monckenewod, 
 with their appurtenances. All the hundred of Chelmsford 
 remains beyond the Forest, except the villate of Writell which 
 wholly remains in the Forest with its appendages, because it 
 is ancient demesne of the lord the King. 
 
 Item, it [the Forest] begins at Colcester at the bridge 
 called Northbregg, going by the King's way leading to' 
 
THE PERAMBULA TION OF 1301. 397 
 
 a certain Cross called Mylandecrouche placed at the 
 head of a certain heath called Kynggeswodeheth, and 
 so from thence before the house of Richard Martyn, even 
 to a certain hedge before the house of William Waryn 
 of Colcester; and so going by the ditch of the said heath 
 as far as a certain open space called Kynggeswodehach, 
 which is the boundary between the vills of Horkeleye and 
 Kynggeswodeheth ; and so straight by the ditch of Phillip 
 at Hacche, as far as the house of William le Herde of Horke- 
 leye, formerly of Edmund atteHache ; and so by a certain ditch 
 extending between Horkeleye and Kynggeswode even to a 
 certain boundary which dividesthe vills of Horkeleye, Bexsted, 
 and Kynggeswode ; and from that boundary by a certain ditch 
 which divides Bexsted and Kynggeswode as far as a cer- 
 tain other boundary which separates the wood of Ralph de 
 Bexsted and the wood of John le Breton ; and so going by 
 the ditch which separates Kynggeswode and the wood of the 
 aforesaid John le Breton, as far as the ditch of the park 
 of Lengham ; and so by the aforesaid ditch as far as a 
 place called Kynggeswodebregg at the side of the said park ; 
 and so returning by the King's highway which leads towards 
 Colchester, as far as the bridge called Estbrigge ; and from 
 the said bridge of Estbrigge as far as a certain Colchester 
 gate called Estgate, with all the aforesaid vill of Colchester 
 within the walls, with all the demesnes of the lord the King 
 to his castle of Colchester belonging. And so in the hundred 
 of Lexeden remains wholly in the Forest the vill of Myland, 
 with the wood of Kynggeswoode with its appurtenances. 
 
 And they say also that the hundreds of Westhodeleford, 
 Esthodeleford, the half hundred of Frossthewell, and the half 
 hundred of Clavering are wholly beyond the Forest, and were 
 so from time out of mind. 
 
 Item, they say that the hundreds of Dunmowe, Henge- 
 ford, and Lexeden from the north part of the Stan- 
 strete which leads from Storteford to Colchestre, are beyond 
 
398 APPENDIX. 
 
 the Forest by the purchase of Alberic, formerly Earl of 
 Oxford. 
 
 Item, they say that so much as is on the south of the said 
 Stanstrete in the aforesaid hundreds of Dunmow, Lexeden, 
 and Hengeford, ought to remain beyond the Forest, except 
 that which is above mentioned in the hundred of Lexeden in 
 the vill of Colchester, and except the vill of Felsted with the 
 wood of Blakholehey with their appurtenances in the hundred 
 of Hengeford ; which same manor of Felsted with the wood 
 of Blackholehey aforesaid, with the appurtenances, the Abbess 
 of Caen holds by gift of King William the Conqueror of Eng- 
 land, and claims to hold it as freely as the same manor and 
 wood were held in the time of St. Edward King of England. 
 But notwithstanding we say that the aforesaid manor with 
 the aforesaid wood with their appurtenances, ought wholly to 
 remain within the Forest. 
 
 Item, they say that the hundreds of Tendryng and 
 Rocheford are wholly beyond the Forest, and were so from 
 time out of mind. 
 
 Item, they say that the hundreds of Chafford, Berdestapel, 
 Daneseye, and the half hundred of Wytham, and the half 
 hundred of Thurstaple, and the half hundred of Wenestre 
 ought wholly to be beyond the Forest according to the tenor 
 of the Great Charter of the Forest, because they were afforested 
 after the coronation of the lord King Henry, grandfather of 
 the lord King Henry, father of the now lord King Edward, 
 and by the Kings Richard and John. 
 
 Which appointed perambulation is so far made clear 
 and evident according to our intelligence and good con- 
 science, as we have learned from our ancestors, and by the 
 oath of honest knights and trustworthy ancient men now 
 living and deliberating by reason of the great length of 
 time passed since any such other perambulation in the 
 county of Essex has been made. And better and more fully 
 upon the perambulation aforesaid we desire that it be cer- 
 
THE PERAMBULA TION OF 1301. 399 
 
 tified as well for the right of the lord the King as of his 
 people. If the same lord the King had any other clear proofs 
 it should have pleased him to have given them in charge to 
 us and to others in his kingdom within the limits of his Forest 
 as in the last Parliament at Westminster he promised and 
 granted. In witness whereof to this present perambulation 
 we, the aforesaid Jury, have set our seals. 
 
 Dated at Chelmsford the day and year aforesaid. 
 
 So that whatever by these perambulations is placed beyond Mamvood. 
 the Forest, let it remain beyond the Forest, and let the rest 
 remain in the Forest according to the said metes and bounds 
 for ever. In testimony of which we have made these our 
 letters patent. Witness ourself at Lincoln the 14th February 
 in the 29th year of our reign. 
 
400 APPENDIX. 
 
 Abstract of Perambulation of the Forest of 
 Waltham, in the County of Essex, in the lyxH 
 YEAR OF King Charles I. 
 
 P^tyBag Inquisition taken at Stratford Langthorne on Wednesday, 
 
 i6 August, 8th September, 1 7th Charles I., &c. — 
 
 Before Sir Thomas Bendish Bart., Sir Benjamin AylofF 
 Bart., Sir William Roe Knight, Sir Henry Holcroft Knight, 
 Sir William Martyn Knight, Sir Gamaliel Capell Knight, 
 James AUham Esq., William Conyers Esq., Thomas Fan- 
 shaw Esq. ; Edmund Keightly Esq., Carew Hervey otherwise 
 Mildmay Esq., and Edward Palmer Esq., three of the Ver- 
 derers of the Forest ; John Wright Esq. and William Alwood 
 Esq., Commissioners to inquire into the boundaries of the 
 Forest according to the tenor of the Act for the certainty of 
 Forests. 
 
 The persons summoned., who, except one Esquire, all had 
 the rank of Gentlemen, were Thomas Manwood, Peter Whet- 
 combe, John Sorrell, John Levett, William Gray, Thomas 
 Aylett, Francis Nicholson, George Thorowgood, Thomas Lake, 
 Robert Brage, Samuel Plume, George Gittens, John Wright, 
 William Lake, William Finch, Robert Dawges, Lany Rous, 
 Edward Fulham, John Meade, George Sames, Samuel Free- 
 borne, George Saville, Henry Smith, Edward Digbie, and 
 Edward Humfrey. 
 
 They appeared, and in the presence of the Commissioners, 
 and of Thomas Coke, Steward of the Forest ; Richard Searle, 
 William Stanes, William Waylett, John Gouldinge, Thomas 
 Winch, Richard Maynard, William Johnson, Ralph Barker, 
 William Millington, Richard Haddon, and Nicholas Spack- 
 man, Regarders of the Forest ; and of John Betts, Richard 
 
THE PERAMBULA TION OF mi. 40 1 
 
 Belch, William Wills, Idwain Knight, John Cox, Henry 
 Breame, William Games, Edward Hoy, and William Sawdery, 
 Sub-foresters (Breame being also Sub-ranger of Havering, 
 and Wills Sub-ranger of Epping, and Woodward of Seward- 
 stone and Woodridden fee) ; and of George Floade, Sub-ranger 
 of Leyton, and Edward Batty, Sub-ranger of West Hainault, 
 and John Knight, Sub-forester, riding the whole Forest ; the 
 Jurors were sworn and charged to inquire into the metes and 
 bounds, which were the metes and bounds of the Forest in the 
 2oth year of King James. 
 
 They returned the bounds' as follows : — 
 
 From the bridge of Stratford, called The Bow, into the 
 hundred of Becontree by the King's highway to Great Ilford, 
 and thence direct by the King's highway towards Romford 
 to the Whalebone at the "four Wonds," and thence along 
 the highway to Havering Stone at the head of Beamesland 
 Lane, and along the lane unto and in the way leading from 
 the four ways towards Collier Row, near the mansion house 
 of the Manor of Marks to an elm tree marked with a cross at 
 the right of the way where there is a gate leading into Mark's 
 Warren, and a stone called Mark's Stone ; and thence to the 
 warren eastward, by the boimdaries between Dagenham and 
 the liberty of Havering, to the Warren Stone at the comer 
 of the warren ; and thence by the said bounds to the Collier 
 Row Stone near the messuage called Captious; and from 
 thence by the same bounds to Park Corner Stone at the 
 west corner of Havering Park ; and thence by the park pales 
 to the Bourne Brook, and along its banks to the Navestock 
 Stone near the house of Robert Makin in that parish ; thence 
 to the right by the side of Navestock Common to Richard's 
 Stone near Richard's Gate, and by the hedge of Robert 
 Makin's land to Overmead Gate ; thence to and along the 
 river of Roden to the bridge of Aybridge, and across it by 
 the highway past the church of Theydon Boys to the house 
 
 ' See map opposite p. 50. 
 F. P D 
 
402 APPENDIX. 
 
 of the rector, to Theydon Green Gate ; and thence by the 
 purlieu hedge to the corner of the hedge called Piershorne 
 [Priorshorne] Corner, and by the purlieu hedge to the end 
 of Hawcock Lane, and so to the bank near the end of the 
 town of Epping called "Purlieu bank," and by it to Bennett's 
 Corner, according to the bounds of Epping and Theydon 
 Gernon ; including in the Forest the whole parish of Epping, 
 and excluding the whole parish of Theydon Gernon ; and so 
 by the bank to the end of Duck Lane, and to the corner of 
 Thornwood Common, and by the Purlieu bank near the hedge 
 on the south side of the common, to a brook which runs from 
 a ditch below that hedge and the Purlieu bank, near an elm 
 tree which is the boundary between Epping and Northweald 
 Bassett, and between the half hundreds of Harlow and 
 Waltham ; and further by the brook, to the ditch before the 
 mansion of William Sprangers upon the side of Thornwood 
 Common ; and thence returning by the ditch to the mansion 
 of Daniel Hudson by the side of the same common, and so 
 by the bounds of the said half hundreds to a free hedge 
 called Linceley Gate, including within the Forest the piece 
 of Thornwood Common within the brook, and the house 
 of Daniel Hudson, and Halye's Grove, and the lands there 
 within the half hundred of Waltham ; and so by Linceley 
 Gate to the land called Linceley Merles, and from thence 
 over the bank of Millmeade Brook by Eastfield hedge to 
 Lyme Holes Corner, and over the highway leading to the 
 church of Epping to Pincroft, leading to Pymbridge, and 
 thence by the Purlieu hedge to Cloggett's Gate entering into 
 the highway leading to Siviar's Green and descending in 
 Kennett's Lane to Bradley [Broadley] Common, and by the 
 side of it round the hamlet of Roydon, to the river of Lee ; 
 and thence to a corner of Ody Marsh, and so passing over 
 the Lee, including in the Forest HoUyfield Marsh, to and 
 over a meadow called the Frythie at the Shire Lake, to 
 Hooke's Marsh ; including in the Forest Hooke's Marsh and 
 
THE PERAMBULATION OF Uljl. 403 
 
 Normarsh; and so by the Lee including Waltham Great 
 Marsh, and over the ditch there to and by the side of Smalley 
 Bridge, by the brook, to the right of the highway leading to 
 Waltham Abbey to Coldhall; and beyond Coldhall by the 
 brook which divides Essex and Hertfordshire, to the river 
 there, including in the Forest the marsh called Canwards ; 
 and from thence to Cobbin Mouth, and from thence by the 
 Lee to Spencer's Mead, and by the river to Sywardstone 
 Ford; and from thence over Ware Marsh to Marditch, and by 
 it to the Lee, and by the Lee to Broadmead in Walthamstow; 
 and thence to Lock Bridge broken up, where for passage is 
 used a ferry, and thence by the Lee to the bridge of Stratford 
 Bow, called Bow Bridge. It was also found that in the 
 hundred of Becontre there remained within the Forest, the 
 towns of Wanstead, Leyton, Walthamstow, and Woodford, 
 and that of the lands and woods of the towns of Stratford 
 Westham, Eastham, Ilford Parva, Ilford Magna, Barking, 
 and Dagenham, the parts which lay to the right of the high- 
 way leading from Stratford Bridge to Romford were without, 
 and the parts to the left were within, the Forest. The liberties 
 of Havering-att-Bower and Havering Park, with the lands 
 in Homchurch, Rumford, and Haveringe, and other parishes 
 and members appendant to the liberty, were wholly out of 
 the Forest. In the hundred of Ongar, the towns of Lucton 
 or Loughton, Chigwell, Lambome, and Stapleford Abbotts 
 were within, the towns of Naverstock and Theydon Boys 
 partly within and partly without, and all the residue of the 
 towns in the hundred without the Forest. The whole half 
 hundred of Waltham (except any lands disafforested by 
 charter) was within the Forest ; and the whole half hundred 
 of Harlow, and the hundreds of Uttlesford, Hinckford, Lexden, 
 Tendering, Dengie, Wytham, Chelmsford, Dunmowe, Claver- 
 inge, Freshwell, Chafford, Barstaple, Thurstaple, Rochford, 
 and Winstree, were wholly out of the Forest, 
 
 DD 2 
 
INDEX 
 
 Abjuration, form of, for offence against forest laws, 205. 
 
 jElfric, probable date of MS. of his Colloquies, 186, note. 
 
 Afforestations, bounds of early, in Essex, unknown, 162. 
 
 Agisters for king, in Waltham Forest, 73. 
 
 Alcuin, the instructor of Charlemagne, 54. 
 
 Aldersbrook, late inclosures in, 356. 
 
 Alderton, acquittance of assarts in, 321. 
 
 Alehouses, nuisances in Forest, 86, 87. 
 
 licence of Chief Justice necessary for, 87. 
 numbers of, in Forest, id. 
 conditions of licences, id. 
 
 Alrefen and Kingswood, district of a forester in fee, 140. 
 
 Ancient demesnes of crown, what were, 32 and note. 
 
 in forests made free chases and warrens, 33, 34. 
 remains in Forest to be protected by Conservators, 369. 
 
 Arbalest. See Crossbow. 
 
 Articles of attachment of forests, probable date of, 72. 
 
 Arundel, Earl of, claim to have his dogs free from lawing, 229. 
 
 Assarts, meaning of term, 3 1 3 and note. 
 forbidden from ancient times, 312. 
 penalty for, 313. 
 exemption from rule, id. 
 
 perhaps dealt with by laws before Conquest, 321. 
 acquittance of, by Richard I. to Abbey of Waltham, id. 
 confirmed by Edward I., id. 
 how applications to assart dealt with, id. 
 unlicensed, how dealt with, 322. 
 
 inspection of, under laws of Henry II. and Richard I. id. 
 new assarts taken by king, id. 
 old, arrented, id. 
 
4o6 INDEX. 
 
 Assarts, duty of jurors to inquire into, 323. 
 payments for, id. 
 arrentations of, in 1277, id. 
 entries of crops grown on, id. 
 no payment for, when fallow, id. 
 proceedings by James I. to compel purchase of, 325, 326. 
 
 AssECOTS, Richard de, a perambulating- knight, 26. 
 
 Assignments. See Fuel Assignments. 
 
 Attachments, Court of, its constitution, 75. 
 its original powers, 76. 
 kept in 17th century, id. 
 rolls of in i8th and 19th centuries, id. 
 held at Chigwell, 95. 
 its cellar at the King's Head, id. 
 presided over by one or more Verderers, 123. 
 claim of Mr. Long Wellesley to preside at,' 124. 
 dispute and result, 124, 125. 
 jurisdiction of, over reeves and fourmen, 181. 
 receives powers to prevent inclosures, 335. 
 resolves not to interfere with small inclosures, 337, 338. 
 meets in 1830. .341. 
 takes no action against inclosures, id. 
 Steward of, denies jurisdiction of his own Court, 342. 
 and ridicules presentments of inclosures in it, 342, note. 
 meetings of, in and after 1848. .344. 
 extinction of, 345. 
 causes of, id. 
 
 nature of duties of, in modern times, 346. 
 attempt to revive it in 1872. .363, 364. 
 proceedings of, suspended by statute, 364. 
 
 Aymer de Valence, Earl of Pembroke, a Forest Justice, 16. 
 
 Badger, vermin in law, 187, note. 
 
 Badue, Walter de, a perambulating knight, 24, 26. 
 
 Barcham, his remark about ladies' head dresses, 194, note. 
 
 Baring, Thomas Charles, M.P.; a verderer under Epping Forest 
 Act, 1878. .370. 
 
 Barking, part only in Forest, 13. 
 
 Abbess of, litigation about cutting an oak in her woods, 74. 
 
 had woods, beyond regard, 155. 
 
 her fee deer, 200. 
 
 her right to cut wood, 243. 
 forest manors of, 231. 
 right in parish to cut wood in summer, 257. 
 
INDEX. 407 
 
 Barking, wood-assignments'in, 261. 
 fuel rights of poor widows in, 263. 
 
 compensation given for, 350. 
 claim of lord to authorize inclosures beyond Forest gates, 331. 
 
 to make grants by custom of manor, 337. 
 
 Barones, meaning of, in Canute's code, 64. 
 
 Barons of Exchequer exempt from rule against assarts, 313. 
 
 Beadle of Forest, 184. 
 antiquity of office, id. 
 early mention of, in Forest, id. 
 oath of, id. 
 duties of, 184, 185. 
 
 Beasts of chase, what were, 187. 
 
 of forest or venary, what were, 186, 187. 
 
 Beaufittz, Henry, a Forest Justice for Havering, 16. 
 
 Becontre Hundred, district of a Riding Forester, 137. 
 
 Bees, ancient cultivation of, 57, note. 
 farmers of, id. 
 claim of Crown to, in forests, 58. 
 
 Bentry Heath, purlieu of, 161. 
 
 Bermondseye, prior of, fined, 73, 
 
 Berners, Ralph de, a perambulating knight, 24, 26. 
 
 Betoigne, Alexander de. Steward of Forest, 117. 
 
 Bishops and nobles, exemption of, from Canute's laws, 64. 
 
 Blacks, Essex, 212, note. 
 
 Blackthorn, special vert, 234. 
 
 Blount, Sir James, Lieutenant of Forest, 118. 
 
 Bocland, nature of, 11. 
 
 Bordarii, or Borderers. See Cottagers. 
 
 Bosanquet, Samuel, Lieutenant of Forest, 122. 
 
 Botes. See Estovers. 
 
 Boulcott v. Winmill, action of, 334. 
 opinion of Sir G. Jessel about, id. 
 judgment in, 334, 335. 
 consequences of, 337. 
 
4-08 INDEX. 
 
 Boundaries of Forest in 1225, .20, 24. 
 
 claimed by Crown and inrolled in 1277 and 1292. .27. 
 
 in 1323. .35- 
 
 in 1630.. 37. 
 
 attempt to enlarge by Charles I., 37 — 48. 
 
 established by jury in 1634. .43. 
 
 act for restoring old, used in 20 Jas. I., 49. 
 
 old, presented in 1292. .89. 
 
 Bov Bridge, presented at Justice Seat, 86. 
 by whom built, 86, note. 
 
 Bows and arrows, complaint of use of, in forests, 212, 214. 
 licences to keep, 214. 
 inquiries as to, at Justice Seat, 214. 
 
 Brackets, dogs which hunted by scent, 223, 224. 
 sent to Saladin by Richard I., 224. 
 used with greyhounds, id. 
 used as pet dogs by ladies, 225. 
 
 Brady, Sir Antonio, a verderer, 363, 370. • 
 
 Brakenbury, Robert, Custodian of Forest, 1 1 8. 
 
 Brentwood, district of a Riding Forester,. 137. 
 
 Briclinges, Alexander de, a perambulating knight, 26. 
 
 Briennus de Insula, a Forest Justice, 20. 
 
 Broadley Common, stinted rights in, 273. 
 
 Brocket, a name of the red deer, 193, 195- 
 
 Browsing wood, what it was, 127, note. 
 
 Brus, Robert de, appropriates serjeanty of Forest at Writtle, 141, 
 
 Buck, •. 
 
 Buck of the ist head, > names of the fallow deer, 195. 
 
 Great Buck, ' 
 
 Buildings in Forest in i6th and 17th centuries, 326, 327. 
 new, forbidden by Earl of Holland, 328. 
 
 Bullock, Colonel, Lieutenant of Forest, 122. 
 
 Burney, George, removes fences round inclosures, 368.- 
 legal expenses of, repaid by Corporation, 369. 
 
 Buxton, Sir Thomas Fowell, a verderer under Epping Forest Act, 
 1878. .370. 
 
 Caen, abbess of, claims Felsted in 1301. .31. 
 Calf, a name of the red deer, 193. 
 
INDEX. 409 
 
 Cann Hall, purchase of Crown rights by lord of manor of, 352. 
 purchase of wastes of, by Corporation, 367. 
 
 Canute, his supposed code of forest laws, 7, 59. 
 animals mentioned in, 7. 
 dispute as to its authenticity, 59. 
 opinions of Coke and Freeman as to, id. 
 its arrangement and contents, 60 — 64. 
 Freeman's objections considered, 62. 
 
 officers named in, their duties, position, and perquisites, 61, 62. 
 . punishments ordained by, 63. 
 severity of, as to offences against venison, 64. 
 partial exemption by, of bishops and king's thanes, id. 
 supposed punishment by flaying, 64, note. 
 classification of wild animals in, 64, 187, 188. 
 Coke's objection to, 65. 
 freemen's right of hunting under, id. 
 supposed origin of, 66. 
 compared with Norman laws, id. 
 probably written by a Norman, 67. 
 composition like that of other ancient documents; id. 
 not more severe than Norman forest laws, 68. 
 lawing of dogs under, 226. 
 does not notice fence month, 277. 
 
 Carleton, William, Steward of Forest, 117. 
 
 Carn, H. de, a Forest Justice, 20. 
 
 Castlemain, Viscount, Lieutenant of Forest, 121. 
 
 Cattewad Bridge, claimed as Forest botmdaiy, 28, 43. 
 
 Cattle, sale of pounded, 183. 
 
 reference to, in Canute's forest law, 277. 
 
 Cattle Mark, a mark for each parish, 300. 
 modern mark for West Ham, 179. 
 kept by Reeve, 300. 
 private marks, id. 
 
 presentments for refusing to allow marking, 300, 301. 
 manner of marking, 301. 
 
 probable date of commencement of marking, 301, 302. 
 days fixed.for marking, 302. 
 irregular marking by Reeves, id. 
 checked by marking according to rent or rating, 303. 
 directions as to, 303, 304. 
 
 remarks of Mr. Joshua Williams as to rental marking, 304, note. 
 effect of marking arrangements upon general right of pasture in 
 Forest, 305. 
 
 Certificate men, who were, 255. 
 not allowed to lop, id. 
 
410 INDEX. 
 
 Channele's Bridge, presented at Justice Seat, 86. 
 by whom built, 86, note. 
 
 Chappell Hainault, lawn in, 268. 
 
 Charlemagne, his forest regulations, 53. 
 his correspondence with Offa, 54. 
 forbids bishops and clergy to keep dogs and hawks, 204, note. 
 
 Charter of the Forest, disaiforestations under, 19. 
 quashed by Henry III., 24. 
 restored, id. 
 confirmations of, 35. 
 
 remarks on authenticity of John's charter, 7 1 , note. 
 John's, compared with that of Henry HI., id. 
 
 Chelmsford, Hundred of, not in ancient part of Forest, 9. 
 linked with Dengie as district of a Riding Forester, 9, 138. 
 inquisitions at, and relating to, 34, 35. 
 
 Cheminage, claims of foresters to, 139 — 142. 
 
 Chief Foresters. See Foresters. 
 
 Chief Justices of Forests, dispute as to duties of, settled by King and 
 Council, 56. 
 oifice of, 84. 
 their powers, 87. 
 names of, 109 — 113. 
 duties of, 112. 
 
 office abolished by statute, 113. 
 
 powers of, vested in Commissioners of Woods and Forests, id. 
 their licences to cut woods, 242, 243. 
 
 how obtained, 243. 
 their position and occupation after discontinuance of Justice Seat, 
 
 345. 346- 
 Si&Q Justices of Forests. 
 
 Chigwell, claim of lord of, to cut wood, 244. 
 common fields in, 27 1 . 
 arrentations of assarts in, 323. 
 purchase of Crown rights by lord of manor of, 352. 
 late inclosures in, 357. 
 
 Child, Sir Josiah, his planting at Wanstead, 121. 
 
 Child, Sir Richard, purchaser of wardenship, 121. See Tylney, 
 Earl of. 
 
 Chingford, common fields in, 271. 
 arrentations of assarts in, 323. 
 
 Chingford Earls, purchase of Crown rights by lord of manor of, 352. 
 late inclosures in, 357. 
 purchase of wastes of, by Corporation, 367. 
 
INDEX. 411 
 
 Chingford St. Paul's, late inclosures in, 357. 
 purchase of wastes of, by Corporation, 367. 
 
 Clare, Thomas de, a Steward of the Forest, 1 16. 
 his successors in his family, 117. 
 
 Clergy, keeping of dogs and hawks by, forbidden by Charlemagne, 
 204, Ttote. 
 
 Clerk of Iter of the Forests, appointment of, loi. 
 
 Clerk of Session of the Forests, 102. 
 his fee deer, 92. 
 
 Clifford, Rogeb de, a Forest Justice, 108. 
 
 CocKBURN, Sir George, last Lieutenant of Forest, 122. 
 
 CoGGESHALL, Cistercians of, allowed to inclose their woods, 27. 
 
 Coke, Sir E., denies right of king to afforest lands, 13. 
 
 CoKYNTONE, Henry de, a Steward of Forest, 1 16. 
 rights claimed by him, 126. 
 
 Colchester, what part of, in Forest, 17. 
 remained in Crown till Henry VIII., id. 
 Richard de Mimfichet, keeper of castle of, 116. 
 
 CoLLYER Bristow, A. A., devisee of office of Lord Warden, 126. 
 
 Colneis Hundred, common pasture in, 275. 
 
 CoLUMBARiis, Bartholomew de, a Forest Justice, 108. 
 
 Commissioners of Sewers, arrangement for litigation by, on behalf of 
 Corporation of London, 360, 361. 
 
 Commissioners of Woods and Forests. See Woods and Foresls. 
 
 Common fields in forest, 268 — 271. 
 meadows in forest, 268. 
 of pannage. See Pannage. 
 of pasture. See Pasture. 
 
 woods, De Laveleye's remark upon, in France, 245, tiote. 
 in Loughton and other parishes, 245, &c. 
 
 Common Hunt of London, presented for hunting in purlieus, 169. 
 
 Commonable animals, what, in Forest, 290, 293. See Sheefi ; Pasture; 
 Forest. 
 
 Commoners, suit on behalf of, in name of Commissioners of Sewers, 
 362. 
 rights of, under Epping Forest Act, 1878. .368. 
 
 Commons, House of, petition to, about neglect of Forest officers, 344. 
 address of, to Crown to stop inclosures, 352. 
 report of Select Committee of 1863, .353. 
 
412 INDEX. 
 
 Commons, House of, recommendations of Select Committee of, in 
 1 863.. 354. 
 not adopted, id. 
 addresses of, for preservation of Forest, 358, 359. 
 
 Commonwealth, use of forests in, 2. 
 
 Communities, how lands held by, were arranged and cultivated, 266, 
 
 267. 
 CoNNAUGHT, Duke of, appointed Ranger of Forest, 369. 
 
 Conservators of Forest, Corporation of London appointed, 369. 
 duties and powers of, 369, 370. 
 
 Copped Hall Park, ancient history of, 315, 316. 
 
 Coppice, conversion of woods into, 241. 
 
 CoRBicuM or Corpechum, wood of, beyond regard, 156. See Wall- 
 wood. 
 
 CoTARii. See Cottagers. 
 
 Cottagers, rights of, to lop wood, 253, 254. 
 their history, 253. 
 
 bound to assist forest keepers, 253 and note. 
 their ancient services and holdings, 253. 
 their number in Loughton according to Domesday, 254. 
 their right to common pasture, 254, 303, 304. 
 restrictions of, compared with those in Swiss Allmends, 256. 
 rights in Wimbledon, '258. 
 
 Coursing in Forest. See Hunting. ' 
 
 presentments against Bishop of London for, 213. 
 
 Courts Manorial, manner in, of overriding commoners' rights, 355, 
 
 356- 
 Courts of Forest. See Forest Courts. 
 
 Crab, special vert, 233. 
 
 Cromwell appoints commissioners to deal with forests, 5 1 , 
 
 Crosshow, whether used in England in time of Canute, 61, 62, note. 
 much used in Forest, 214. 
 
 Custodian of Forest. See Lord Warden. 
 
 Dagenham, part only in Forest, 13. 
 
 right in, to cut wood in summer, 257. 
 fuel rights of poor widows in, 263. 
 compensation for, 350. 
 
 Dagobert I., his forest regulations, 53. 
 his laws about dogs, 225. 
 
 Daneseye, part district of Riding Forester, 138. See Dengie. 
 
INDEX. 413 
 
 Debden, acquittance of assarts in, 321. 
 
 De Burgh, Hubert, his advice to Henry HI., 24 . 
 
 Deer, grants of, by Kings, 199. 
 of live deer, 200, 201. 
 
 regulations on finding dead, in Forest, 205, 206. 
 devices for killing, 215 — 217. 
 killed by cold and murrain, 217. 
 proclamation in consequence of, id. 
 increase of, in 17th century, 218. 
 destruction of, when stopped, 218, 219. 
 
 proportions of red and fallow, in isth, i6th, and 17th centuries, 
 219, 220. 
 in 1 8th and 19th centuries, 220, 221. 
 fallow, transferred to conservators, 369. 
 red, removal and restoration of, 220. 
 See Fallow Deer; Red Deer. 
 
 Deer Leaps, what they were, 217. 
 presentments of, id. 
 
 Deer Stealers in 16th century, 210. 
 how they destroyed the deer, id. 
 Act to prevent their combinations, 211. 
 the Black Act and why so called, id. 
 origin of name of Waltham blacks, 211, note. 
 other Acts against, 212. 
 powers of Court of Attachments against, id. 
 sometimes ordered by verderers to be prosecuted, id. 
 
 De Laveleye, his remarks upon alleged claim of Dagobert to the com- 
 mon woods, 245, note. 
 upon the wood-cutting in the Swiss All- 
 mends, 256. 
 
 Denbera, a right of feeding swine, 306. 
 
 Dengie Hundred, ancient name of, 7. 
 meaning of, 7, note. 
 not within ancient Forest, 9. 
 linked with Chelmsford, id. 
 when afforested, 22, note. 
 
 Deor, in A.-S., applies to all wild beasts, 4, note. 
 
 Deputies of Forest Justices, 109, no, in. 
 
 statute authorizing appointment of, no — 112. 
 their fee deer, &c., 1 1 3. 
 
 Deputy of Steward of Forest. See Lieutenant. 
 
 De Veer. See Veer. 
 
 D'Ewes, Sir SiMONDS, his remarks about Tendryng hundred, 28. 
 about the enlargement of the Forests, 45. 
 
414 INDEX. 
 
 DiSAFFORESTATiONS, districts put out of Forest in 1301 . .29 — 31. 
 bounds of early, unknown, 162. 
 doubts as to effect of, by Edward I., 163. 
 
 proposed by Commissioners of Woods and Forests in 18 17. .339. 
 opposition to, id. 
 by whom supported, 340. 
 amended proposal of Commissioners, id. 
 bill for, passes House of Commons but is withdrawn, id. 
 of Hainault, 349 — 351. S&e Hainault. 
 by Epping Forest Act, 1878. .368. 
 
 DoDDERiDGE, Justice, his remark on the drawing of badgers, 187. 
 
 Dogs, what must be lawed, 222, 227. 
 penalty on owners of mad dogs, id. 
 penalty for keeping, in forests, id. 
 different kinds of, used in Forest, id. 
 Dagobert's laws about, 225, note. 
 different breeds of, used by the Franks, id. 
 fines for destruction of different kinds of, among the Franks, 226, 
 
 nole. 
 See Hounds ; Lawing. 
 
 DowNE, or Dune, Thomas de la, a perambulating knight, 24, 26. 
 
 Driving forest pastures, 181, 182. 
 object of, 181. 
 time for, 182. 
 
 Driving Warrants, form of, 182 note. 
 
 DuNMOW and Harlow, district of a Riding Forester, 138. 
 
 Dyne, Hugh de. Deputy Warden of Forest, 1 1 6. 
 
 East Ham, part only in Forest, 13. 
 
 Ecclesiastics, indulgence to, by Canute's laws, 64. 
 allowed to hunt in passing through forests, 205. 
 
 Edmonds, Sir Thomas, Lieutenant of Forest, 119. 
 executes office of Warden, id. 
 
 Edward the Confessor, supposed charter by, to Peperking, 5 — 10. 
 copy of, s, 6. 
 reasons for supposing it to be a forgery, 6 — 10. 
 
 Edward VI., his proclamation about the forest laws, 36. 
 subsequent neglect of them, 80. 
 his complaints of destruction of deer, 197. 
 
 Elizabeth, neglect of forest laws during reign of, 80. 
 
INDEX. 41 s 
 
 Epping, former names of Forest of, i. And see Waltham Forest; 
 Forest of Essex. 
 purlieu of, 161. 
 common fields in, 271. 
 grant of right to empark woods of, 317. 
 acquittance of assarts in, 321. 
 arrentations of assarts in, 323. 
 late inclosures in, 357. 
 
 Epping Forest Acts. 
 
 Act of 1871, contents of, 359. 
 Amendment Act, 1872.. 363. 
 Acts of 187s and 1876. .367. 
 Act of 1 878.. 368. 
 
 disafforested wastes, id. 
 
 did not notice pjirlieus, id. 
 
 powers given by, to the Queen, 369. 
 
 Corporation appointed conservators by, id. 
 
 how Forest and inclosures dealt with by, 369, 370. 
 
 Epping Forest Commissioners, appointment of, in 1871 . .359. 
 proceedings of, 364, 365, 366, 367. 
 preliminary report of, 366. 
 final report of, 367. 
 scheme of, id. 
 
 objection to proposal for continuance of inclosures, id. 
 Mr. Bumey's proceedings in consequence of, 367, 368. 
 
 Essex, what part probably afforested by Conqueror, 18. See Forest. 
 
 Estovers, modified form of ancient wood rights, 245. 
 different kinds of, 245, note. 
 
 Ewelme, common pastures in, 275. 
 
 ExPEDiTATiON of dogs. See Lawing. 
 
 Eyserewas, Steward of Forest, 117. 
 
 Fallow Deer, Gwillim's remarks about, 194. 
 whether indigenous in England, 195. 
 names of, id. 
 colour of species, id. 
 
 of Essex variety, id. 
 antiquity of, 196. 
 
 Fawn, a name of the fallow deer, 194. 
 
 Fawcett, Mr., his motion for preservation of Forest, 358. 
 
 Fearnlesuue, a right of feeding swine, 306. 
 
 Fee Deer, to whom granted in 1489. .92. 
 of Abbess of Barking, 200. 
 
41 6 INDEX. 
 
 Fee Deer, of abbot of Stratford, zoo. 
 of Abbot of Waltham, id. 
 of Chief Ranger, i66. 
 of Foresters, 147. 
 of Freeholders, 78, note, 92, 
 of Justices, 113. 
 of Lieutenant, 129. 
 of Regarders, 159. 
 of Verderers, 133. 
 of Warden, 129. 
 
 Fee Wood, claim to, by warden, 129. 
 
 Felstead, property of Holy Trinity of Caen, 31, 32. 
 before Conquest, of Earl Algar, 32. 
 
 Fence Month, not mentioned in Canute's code, 65, 277. 
 nor in Articles of Attachment, 72. 
 pounding cattle in, 182. 
 
 generally enforced with respect to wood cutting, 257 
 probable exception in Hainault parishes, id. 
 its object, 277. 
 its original operation, id. 
 regulations of Richard I. as to, 278. 
 time of operation of, id. 
 regulations of Skene's code, id. 
 called forbidden month, 279. 
 early records of, 279, 280. 
 evaded by commoners, 280. 
 pasture rights suspended during, id. 
 
 suspension provided for by decree in suit by Corporation of 
 London, 280, note. 
 
 Fences, of quick and dead wood, 266 and note. 
 
 Fern, whether vert, 234 and note. 
 
 Ferryman at Locke Bridge presented at Justice Seat, 85. 
 
 Finch, Sir John, his claim to the old boundaries of Forest, 38. 
 his proceedings at the Justice Seat, 40. 
 his complaint against one of the grand jury, 43. 
 delivers opinions of judges about bounds of Forest, 44, 45. 
 his character, 47, note. 
 
 Fines for offences, affeered by Swainmote and enrolled, 83. 
 inflicted by Forest Courts, 97 — loi. 
 affeered by Swainmote, 99. 
 amounts of, 99, 100. 
 value of, 10 1. 
 
 FiREBOTE, meaning of, 245, note. 
 
 FrREWOOD, distinguished from tallwood, 239 and 240, note. 
 
INDEX. i^i-j 
 
 Fishing, rights of, in Forest, 58. 
 
 FiTZACCHER, Henry, a forester in fee, 141. 
 
 FiTZBERNARD, Chief Justice of Forests, 105. 
 
 FiTZSTEPHEN, his list of the forest animals, i8g. 
 
 Folk land, its nature, 1 1 . 
 
 royal forests probably formed from it, id. 
 
 Forbidden Month. See Fence Month. 
 
 Forest Courts, where held after 1301 . .35. 
 
 restoration of, proposed during Commonwealth, 52- 
 
 revival of, in 1670, id. 
 
 did not interfere with manorial jurisdiction, 73. 
 
 but forbad holding forest pleas, id. 
 
 description of, and their proceedings, 78 — loi. 
 
 early records of holding of, 84. 
 
 powers of, when offenders escaped beyond bounds of Forest, 97, 98. 
 
 Steward of, lo.i. 
 
 See Attachments ; Justice Seat; Swainmote. 
 
 Forest of Essex, names of, i. See Waltham Forest zndEpping Forest. 
 time of settlement of, iz. 
 district held as, by Henry III. under reafForestations in 1 3th century, 
 
 26, 27. 
 districts disafforested by John and Henry III., 19 — 24. 
 districts found within, in 1 301. .31. 
 attempt of Charles I. to enlarge boundaries, 37 — 45. 
 how far judgment for extension of, enforced, 48. 
 
 heavy sums paid for compositions under, id. 
 the king abandons the enlargement, id. 
 former bounds restored, 49. 
 
 Act of Long Parliament for vesting in trustees, 50- 
 ordinance of Cromwell concerning, 5 1 . 
 proposals of his Commissioners as to, id. 
 inhabitants of, sworn to peace of hunting, 75. 
 prison of, 97. 
 
 grant of right to, by James I., 128. 
 
 grantee to provide keeper, izg. 
 
 claim to, by Earl Lindsey, 128. 
 
 taken down, 129. 
 granted out in manors, 230, 231. 
 acreage of, in 1793. .232. 
 
 Mr. Long Wellesley's description of state of, in 1813. .336, 337. 
 - reasons by officers of, for excesses in, mentioned by Mr. Long 
 Wellesley, 337. 
 convictions for offences in 1813. .?(/. 
 report of Select Committee of 1863 as to state of, 353. 
 bill in 1870 for dealing with, 358, 359. 
 addresses by House of Commons for preservation of, 358. 
 F. EE 
 
41 8 INDEX. 
 
 Forest of Essex, sales of Crown rights in, by Commissioners of Woods 
 
 and Forests, 351, 352, and note. 
 perambulation of, under Epping Forest Act, 1871 . . 364. 
 proceedings of Corporation of London for rescue of, from inclo- 
 
 sure, 360—365. 
 costs of preservation of, by Corporation, 371, 372. 
 opened as place of public recreation by the Queen, 372. 
 
 Forest Justices. See Justices of the Forests. 
 
 Forest Laws, -when forests made subject to, 3. 
 probable date of Canute's, 7. 
 probably existed before time of Canute, 12. 
 neglected in reign of Edward VI., 36. 
 of Prankish kings preserved by Dukes of Normandy, 54. 
 possible origin of, in England, id. 
 whether submitted to King alone, id. 
 how far in position of general laws of England, 55, 56. 
 made by advice of King's councillors, 55. 
 often altered by Parliament, 56. 
 punishments under Norman, 68. 
 cruellies not conlined to forest oifences, 68, 69. 
 responsibility for cruelties of, 69. 
 cruelties of, abolished by Richard I. and John, 70. 
 laws published by Skene attributed to 13th century, 72. 
 by what courts administered, id. 
 
 unqualified persons could not deal with offences against, 74. 
 neglect of, in 16th century, 80. 
 abjuration for offences against, 205. 
 
 Forest Mark, duty of reeves to mark cattle with, 299. 
 nature and size of marks, id. 
 copies of, id. 
 
 marks on lost irons, 299, note. 
 See Cattle Mark. 
 
 Forest Officers, arbitrary regulations of, 56. 
 complaints as to, by John of Salisbury, 57. 
 
 Forestal rights, vested in Crown, 2. 
 
 sale of, by Woods and Forests, 334, 351, 352. 
 
 condemned by Select Committee, 1863. .354. 
 purchase of, by Corporation of London where already sold, 367. 
 the rest extinguished by Epping Forest Act, 1878 . . 368. 
 
 Foresters, their oath, 135. 
 
 delivery by, of horn to Chief Justice, 39, note. 
 
 number of, 135. 
 
 appointed by Stewards and Wardens, 136. 
 
 except Foresters in fee, id. 
 
 number of Foresters in fee in Essex, 140. 
 
 their duties, 136. 
 
INDEX. 419 
 
 Foresters, originally Riding and Yeomen Foresters, 137. 
 afterwards Master and Under keepers, id. 
 their duties, id. 
 
 number of, in 1 3th century, id. 
 number and districts of Riding Foresters and Yeomen Foresters at 
 
 end of 13th century, 137 — 142. 
 their rights to cheminage, 139. 
 their oppressions, 142 — 144. 
 inquiries as to, 143, 144. 
 few complaints of, in Essex, 144. 
 names of their districts, 145. 
 
 distribution of, and of under foresters in 1 7th century, id. 
 entitled to fee deer, 147. 
 salaries of, in i6th century, id. 
 other perquisites of, 148. 
 
 ordinary duties of, performed by under keepers, id. 
 list of, 378—385- 
 
 Forests, Royal, antiquity of, i. 
 uses of, id. 
 ownership of, 2. 
 probable origin of, lo, 12. 
 
 management of, by Commissioners of Woods and Forests, 3. 
 ancient names of, 4, note. 
 derivation of word, id. 
 mistake of Coke and Spelman as to, id. 
 formed from folk land, 11. 
 plan for extending by Charles I., 37. 
 extension of, a national grievance, 46. 
 divided into districts by Henry II., 105. 
 control over by Norman kings, 280. 
 
 Forges inspected under Forest laws, 322. 
 
 Forty day Court. See Atlachments, Court of. 
 
 FouRMEN, assistants of reeves, 177. 
 s-wom officers, 181. 
 
 Foxes, beasts of chase, 187. 
 
 vermin in Waltham Forest, id. 
 
 under Canute's laws, 188. 
 
 hunting of, by licence, 201. 
 
 excluded from licences in 19th century, 203. 
 
 Frampole, right of, in Writtle, 243, note. 
 
 Franks, their different breeds of dogs, 225. 
 
 Free warren, grants of, in Forest, 202. 
 
 E E 2 
 
420 INDEX. 
 
 Fuel assignments, 260. 
 
 in what parishes, 260, 261. 
 
 represented old lopping rights, 260. 
 
 how rights of, exercised, id. 
 
 number of, 261. 
 
 not absolutely permanent in Hainault, id. 
 
 how made there, id. 
 how assignments distinguished, id. 
 how loppings dealt with, 262. 
 mode of cutting like that in Loughton, id. 
 when assignments set out, id. 
 
 rules as to lopping and as to livery and spray wood in, id 
 how dealt with by Epping Forest Act, 1878. .369. 
 terms of extinction of, under arbitration, 371. 
 
 Gascoyne, Sir Crispe, his activity as verderer, 330. 
 
 Geese, unlawful to turn upon wastes, 298. 
 
 Genuiscissio, what, 226. See Lawing. 
 
 Glasse, R. B., Q.C, devisee of office of Lord Warden, 126. 
 
 Glastonbury Abbey, supposed charter to, 3. 
 
 Goats, unlawful to turn upon wastes, 298. 
 presentments against, 299. 
 ancient licences to keep, id. 
 
 GitANTS of lands by Anglo-Saxon kings, 11. 
 
 Grease time, meaning of, 221. 
 
 Great Soar, an ancient name of the red deer, 195. 
 
 Great Stag, a name of the red deer, id. 
 
 Greenhue. See Vert. 
 
 Grevyll, Sir Fulke, his letter about inclosures, nearWaltham Forest, 37. 
 
 Greyhounds, who might keep under Canute's law, 204. 
 used for taking deer in Forest, 222, 223. 
 confused with harriers, 223. 
 description of, 224. 
 how dealt with in forests, 222. 
 Lord Lytton, on name of, 223, note. 
 
 Gun, first mention of, in Forest, 2 14. 
 
 Gwillim, his remarks about deer, 194. 
 
 Hainault, formerly part of Forest of Waltham, 15. 
 original forms of the name, id. 
 same name borne by wood at Colchester, id. 
 
INDEX. 421 
 
 Hainault, right to cut summer wood in, 257. 
 
 fuel assignments in, 261. See Fuel Assignments. 
 commissioner's report on disaiForestation of, founded on imperfect 
 
 knowledge, 305. 
 disaiForestation of, 349. 
 quantity and distribution of wastes in, id. 
 quantity of inclosed lands in, id. 
 King's woods in, id. 
 acreage of, 232. 
 allotments to Crown, extent of, 349. 
 sale of timber for expenses, 350. 
 further Act for ascertaining and compensating fuel and pasture 
 
 rights, id. 
 clearance and cultivation of Crown allotments, id. 
 increased income from, 351. 
 
 Hauling. See Lawing. 
 
 Hare, a beast of forest, 186. 
 
 its position under Canute's law, 188. 
 is venison, 192. 
 
 classed with vermin in 1634. . 192. 
 beast of warren in 161 1, td. 
 hunting of, by licence, 201. 
 
 Harlow, part district of a riding forester, 138. 
 
 Harold's Park, history of, 314, 316. 
 
 Harriers, used in Forest, 222 — 224. 
 description of, 223. 
 
 Hart, \ 
 
 Hart Royal, > names of the red deer, 193, 194. 
 
 Hart Royal proclaimed, ) 
 
 Harvey, William, Lieutenant of Forest, 121. 
 
 Hatches in Forest, evidence of ancient pasture regulations, 276, 277. 
 names of, 276 and 277, nole. 
 allowed to decay, 277, note. 
 
 .Hatchet or hammer, symbol of woodward's office, 176. 
 
 Hatfield, ancient Crown demesne, 15, 24. 
 
 Hatfield Regis, history of, while in Crown, 17. 
 
 Havering, formerly part of Forest of Waltham, 15. 
 ancient Crown demesne, 15, 24, 320. 
 formerly part of hundred of Becontre, 15. 
 probable meaning of name, 16. 
 given to Queen Isabella for dower, id. 
 afterwards a separate liberty, id. 
 
422 INDEX. 
 
 Havering, its position in the 17th century, 16. 
 
 custody of house and park annexed to Stewardship of Forest, 1 14, 
 
 US- 
 sold with Stewardship to Earl Lindsey, 119. 
 not included in sale to Sir R. Child, 121. 
 liberty, Purlieu of, 161. 
 
 Hawks, claim of Crown to, in forests, 58. 
 eyries of, inspected under forest laws, 322. 
 
 Hawthorn, special vert, 233. 
 
 Haybote, allowed to be taken, 232. 
 
 Hayes, John, his reasons for being allowed to inclose Knighton 
 wood, 328, 329. 
 
 Hedgebote, meaning of, 245, note. 
 
 Henniker, Sir John (afterwards Lord), Lieutenant of Forest, 122. 
 
 Henry H., disafforestations by, 19. 
 his assise of Woodstock, 71. 
 his laws against weapons and dogs, 204. 
 
 Henry III., disafforestation by, under Charter of the Forest, 19. 
 quashes Charter of Forest, 24. 
 restores it, id. 
 
 his device for restoring the forests, id. 
 cancels former disafforestations, 26. 
 
 Herst, 193. 
 
 a name of the red deer, 108. 
 
 Hesketot, Richard de, a perambulating knight, 24, 26. 
 
 Hicks, Sir William, Lieutenant of Forest, 1 20. 
 Pepys' account of him, 120, note. 
 ancestor of Sir M. E. Hicks-Beach, id. 
 
 HiGHAM Hills, purchase of Crown rights by lord of manor of, 35 1, 352. 
 late inclosures in, 356, 357. 
 purchase of wastes in, by Corporation, 367. 
 
 Hind, \ 
 
 \ names of the red deer, 193. 
 Hind Calf, i 
 
 HisPANiA, William de, a perambulating knight, 24, 26. 
 
 HoBHOtrsE, Lord, appointed arbitrator under Epping Forest Act, 
 1878.. 370. 
 duration of arbitration, id. 
 his award, 370, 371. 
 
 HocKSiNEWiNG. See Lawing. 
 
INDEX. 423 
 
 Holland, Earl of, presides at Justice Seat of 1634. .38. 
 and at adjourned sitting, 44. 
 goes to Stratford in Royal carriage, id. 
 announces abandonment of enlargements of forests, 48. 
 forbids new buildings in Forest, 328. 
 
 Holly, special vert, 233. 
 
 HoLYFiELD, common fields in, 271. 
 
 Honey, claim of crown to, in forests, 58. 
 
 Horn, symbol of forester's office, 148. 
 
 sounding of, by persons allowed to take beasts, 205, 206, note. 
 
 an ancient practice, 205. 
 what calls sounded on, when deer killed, 206. 
 person who killed or found dead deer bound to sound horn, id. 
 ancient use of, to prevent concealment, 283, note. 
 
 HoRSEFRiTH, district of a forester in fee, 141. 
 its situation, id. 
 
 Hounds, licences to use, in Forest, 201. 
 limited rights for, 200. See Dogs. 
 
 Housebote, meaning of, 245, note. 
 allowed to be taken in woods, 232. 
 
 HoxiNG. See Lowing. 
 
 HuNTERCOMBE, Thomas OF, claims to have his dogs free from lawing, 
 229. 
 
 Hunters, king's, formerly supplied venison for king, 198. 
 quartered upon landowners, 198, 199. 
 their retinue, 199. 
 their character, id. 
 their payment, id. 
 
 Hunting, nature of right of, granted to landowners, 8. 
 rights of, under Canute's code, 65. 
 ancient rights of, claimed by Kings, 66. 
 
 in Wales, 66, note. 
 in Royal forests forbidden, 196. 
 punishments for, under assise of Woodstock, id. 
 under laws of Richard, John, and Henry III., 204. 
 by Kings in Waltham Forest, 197, 198. 
 Corporation of London, its claim to, 202. 
 penalties for, in Canute's law, 204. 
 clerics might not offend against king's rights, id. 
 how far allowed by Skene's code, 204, note. 
 in passing through forests, allowed to bishops and nobles, 205. 
 
 rule probably brought from Normandy, id. 
 
 form of, in Forest of Ardenne, id. 
 
4*4 INDEX. 
 
 Hunting used as cover for political meetings, 207. 
 statute to prevent, id. 
 
 by night or in disguise forbidden under penalty, 208, 209. 
 presentments for, 209, 210. See Poachers; Deer Stealers. 
 seasons for,' under Forest laws, 221. 
 
 Ilford, Little, part only in Forest, 13, 178. 
 scanty population of, in 1630. . 178. 
 
 Imprisonment, illegal. Acts to prevent, 79, 80. 
 when inflicted by Forest Court, 97, 99. 
 
 Inclosures. See Assarts. 
 
 inquiries as to, in charge of Chief Justice, 313. 
 
 licence for, subject to land being accessible to deer, id. 
 
 how condition effected, 314. 
 
 proper height of fence, id. 
 
 for park. See Park. 
 
 for cultivation, antiquity of, 320. 
 
 regulated by laws of Henry II. and Richard I., id. 
 
 of the King inspected under Forest laws, 322. 
 
 increase of, after death of Henry VIII., 323. 
 
 then allowed under conditions, id. 
 
 evasion of conditions, 324. 
 
 numerous in i6lh and 17th centuries, 326 — 328. 
 
 attempted inclosures of Knighton Wood, 328, 331. 
 
 application of Sir H. Wroth to inclose 1,500 acres of waste, 329. 
 
 licences for, between 1670 and 1713, id. 
 
 from 1713 to 1848, almost continuous, 330. 
 
 at first made by licence and consent of lord and inhabitants, id. 
 
 number of, in various years, id. 
 
 many presentments of, after 1751, but few licences, id. 
 
 effect upon, of suspension of courts before 1785. .332. 
 
 attempts of Sir J. T. Long to stop, id. 
 
 fences of Sale Wood and other inclosures thrown down, id. 
 
 under keepers ordered to throw down fences, 333. 
 
 small size of inclosures at this time, id. 
 
 right of Forest Court to prevent, not then denied, id. 
 
 opposition of Court of Attachments becomes lax, id. 
 
 its reasons for allowing inclosures, id. 
 
 Acts of Parliament to prevent, 335. 
 
 when beyond Forest to be certified to Attorney-General, 336. 
 
 consequences of provision, id. 
 claims by lords of Barking and Loughton to make grants for 
 
 inclosure, 337. 
 of whole Forest proposed in 1761. .338. 
 presentments of, in 1830 and 1831.. 341. 
 Commissioners of Woods and Forests threaten proceedings for, id. 
 
INDEX. 42s 
 
 Inclosures, number of, presented in 1831 . .342. 
 
 effect of encouragement of, by Steward of Forest Courts, id. 
 Verderers refuse to certify, to Attorney-General, id. 
 treatment of, by Verderers in 1843. .342, 343. 
 proceedings as to, in Theydon Bois, 343. 
 responsibility for non-abatement of, 346. 
 no prosecutions for, pending Lord Portman's commission, 349. 
 continued by lords after purchase of Crown rights, 355 — 357. 
 how dealt with by Epping Forest Act, 1878. .369, 370. 
 
 Inge, William de, his remark about Forest tithes, 70. 
 
 Inquisitions as to Forest, where held in 14th century, 35, 36. 
 
 James I., his inclosures at Theobalds, 36. 
 his hunting in Forest, 197. 
 his angry declaration and threats, id. 
 his care for beauty of woods, 239. 
 his proceedings to compel purchase of assarts, 325, 326. 
 
 Jessel, Sir George, decides case as to commoners' rights, though 
 formerly counsel in it, 44 and note. 
 his opinion of the case oi Boulcott v. Winmill, 334. 
 his decree in suit of Commissioners of Sewers v. Glasse, 365. 
 
 John (King), early disafforestation by, 19. 
 confirmation of, id. 
 later disafforestations under agreement with barons, id. 
 abolishes cruelties of forest laws, 70, 204. 
 
 John of Salisbury, his description of forest oppressions, 57. 
 his opinion of hunters, 199. 
 
 Jurors for the king at Swainmotes, 78. 
 
 Justice Seat, Earl of Warwick's description of, in 1634. -S^- 
 proceedings at, id. 
 adjourned sitting of, 44. 
 proceedings of Court of, 45. 
 powers of Court of, 83. 
 manner of holding, 38, 84. 
 time of establishment of, 84. 
 by whom attended, id. 
 how often held, id. 
 the jurisdiction of, 85. 
 
 discharged duties like those of court leet, id. 
 records of courts of, in 13th and 14th centuries, 88. 
 proceedings at, 88, 89. 
 records of Court of 1489. .90. 
 proceedings at, 90 — 93. 
 
426 INDEX. 
 
 Justice Seat, record of Court of 1558. .93. 
 infrequent in beginning of 1 7th century, id. 
 cost of holding, objectionable, 94. 
 proceedings at Courts of, in 17th century, id. 
 Courts of, not held at Queen Elizabeth's Lodge, 95. 
 
 Justices of Forests, their visitations of forests, 84. 
 perquisites of their deputy, 92. 
 appointed by Henry II., 105. 
 
 title and duties confused with those of Warden, 106. 
 duties of them and of King's bailiffs defined, id. 
 four Justices in 1277. .108. 
 
 afterwards one, assisted by common law Judges, id. 
 names of, 107 — 113. 
 Judges assigned to assist them, iii. 
 entitled to fee deer, 113. 
 See Chief Justices. 
 
 Keeper of Forest. See Lord Warden ; Foresters. 
 his duty, 143, note. 
 
 King's Head Inn, Chigwell, Court of Attachments held there, 95. 
 its cellar for the officers' wine, id. 
 
 King's Woods, Hainault. See Hainault. 
 
 King's Woodwards, appointed in Hainault, 1 74. 
 holders of office, 174, 175, and Appendix. 
 by whom appointed, 175. 
 how long office existed, id. 
 their duties, id. 
 their perquisites, 176. 
 list of, 392. 
 
 Kingswood (Colchester), ancient Crown demesne, 15, 24. 
 and Alrefen, bailwick of a riding forester, 116. 
 
 Knighton Wood, attempted inclosures of, 328, 331. 
 
 lessee of, when inclosure thrown down, compensated by Treasury, 
 331- 
 Knights Templars, had grants of deer, 199. 
 
 L^N Lands, their nature, 13. 
 
 probable hunting rights of kings over, 14. 
 
 Lamborne, lawn in, 268. 
 
 Lammas Lands, ceremonies on opening of, 266. 
 
 compared with opening of wood-cutting season, 257. 
 
 Land, value of, in Forest in 14th century, 315. 
 
 Langeran, hoimds, so called, 225, 226. 
 
INDEX. 427 
 
 Langley, Geoffry de. King's bailiff, 106, note. 
 Chief Justice of Forests, 108. 
 
 Langrich, William, Deputy-Steward of Forest, 118. 
 
 Lawing of Dogs, what dogs must be lawed, 222. 
 antiquity of practice, 226. 
 different modes of, id. 
 by expeditation, id. 
 directed by Henry II., id. 
 process in time of Henry III., 227. 
 how performed, according to Manwood, id. 
 ■what dogs subject to, id. 
 
 Rufus' stirrup said to be used as gauge in New Forest, id. 
 Sir F. Palgrave's account of, id. 
 presentments for neglect of, 228. 
 inquiry or Court for, id. 
 fine for neglect of, 229. 
 grants of freedom from, id. 
 
 Lawns in Waltham Forest, 268. 
 used for pasture of sheep, 267. 
 claim of a right to pasture sheep on, 296 — 298. 
 former meaning of word, 267, note. 
 
 Leasowe, meaning of, 272 and note. 
 
 Leicester, Robert Earl of, his conduct as to assarts, 313. 
 
 Lepers' House, flesh of deer found dead to be sent to, 207. 
 Manwood's remark upon meaning of rule, id. 
 
 Lethieullier, Smart, Lieutenant of Forest, 122. 
 
 Levant and Couchant, meaning of, 273, note. 
 
 Leyndon, licence to make park in, 320. 
 
 Leyton, purlieu of, 161. 
 lawn in, 268. 
 common fields in, 271. 
 terms of extinction of rights to. dig gravel in, 371. 
 
 Licences, wine provided for Forest officers on entry of sporting, 95. 
 
 LIET7TENANT of Forest, his fee deer, 92. 
 his old titles, 1 14. 
 names of lieutenants, 1 1 6 — 122. 
 
 LiNDSEY, Earl of, buys office of Warden, 119. 
 rights claimed by, 128. 
 
 sells to his son, afterwards Earl Montagu, 120. 
 Earl Montagu's successors, id. 
 
 Marquis of Lindsey sells to Sir R. Child without Havering, 120, 
 121. 
 
+28 INDEX. 
 
 Locke Bridge, presented at Justice Seat, 85. 
 
 Loggers. See Poachers. 
 
 London, Bishop of, dogs free from lawing, 229. 
 
 London, Corporation of, its claim to hunt, 202. 
 
 commence proceedings to stay inclosures, 359, 360. 
 powers of, under Metage of Grain Act, 360. 
 
 exercised for rescue of Forest from inclosure, id. 
 
 proposed mode of proceeding, 361. 
 advice to, as to nature of commoners' rights and course to 
 
 be adopted, id. 
 suit by, of Commissioners of Sewers v. Glasse, 362. 
 
 failure of attempt of lords of manors to stay proceedings 
 in, 362, 363. 
 
 decree in suit, 365, 366. 
 their purchases of wastes and forestal rights, 366, 367. 
 appointed Conservators of Forest, 369. 
 their duties and powers, 369, 370. 
 their expenditure for preservation of Forest, 371, 372. 
 
 Long, Catherine Tylney, Warden, 123. 
 marries William Wellesley Pole, id. 
 their titles, id. 
 
 Long Parliament, Act of, as to forests,' 50. 
 
 Long, Sir J. T. (father and son). Lord Wardens, 123. 
 
 Long, Sir J. T., his attempt to stop inclosures, 332. 
 
 Long Wellesley, Mr., his description of the Forest in 181 3. .336. 
 supports inclosures, 341. 
 
 appoints steward of Wanstead Manor to be Steward of Forest 
 Court, id. 
 
 Lord Warden, delivers his horn to Chief Justice, 39. 
 his ancient titles, 1 14. 
 held office in fee, id. 
 
 custody of Havering, how annexed to office, 1 14, 115. 
 names of holders of office, 114 — 126. 
 right of, to appoint foresters, 115. 
 pecuniary value of right, id. 
 right of appointrrient to, granted to Henry VHI. by John de Veer, 
 
 1x8. 
 office held by Crown till time of James I., id. 
 sold to Earl Lindsey, 1 19. 
 to Lord Willoughby, 1 20. 
 to Sir R. Child, 120, 121. 
 compensation for in respect of Hainault, 125. 
 
 in respect of Epping, 126, 371. 
 rights claimed by, 126 — 128. 
 
INDEX. 429 
 
 LOUGHTON, 
 
 wood rights in, 245. 
 
 nature of, 246. 
 
 surveys of manor, id. 
 
 discussions as to validity of, 246, 247. 
 
 decision of Commissioners and arbitrator as to, 247. 
 
 tradition as to grant of, by Queen Elizabeth, id. 
 
 an ancient customary right, 248. 
 
 not interfered with by forest oflBcers, 249. 
 
 regulated by court of manor, 249, 252. 
 
 times of exercise of, 249. 
 
 commencement of season, 250. 
 
 manner of exercising, id. 
 
 precautions of forest officers as to, id. 
 
 height at which trees lopped, id. 
 
 object of restriction, 251. 
 
 how cutting effected, id. 
 
 disposition of lateral shoots, id. 
 
 and of branches, 252. 
 
 tradition as to removal of first load of season, 252, note. 
 
 by whom allowed to be exercised, 252 — 255. 
 
 rights of cottagers to, 253, 254. 
 
 not allowed for trade purposes, 254 — 256. 
 
 attempted restriction to tenants of ancient houses, 255. 
 
 denied to certificate men, id. 
 
 attempted restriction to one day in week, id. 
 
 order to carry cut wood before further cutting, id. 
 
 resemblance to other ancient common rights, 256, 257. 
 
 how dealt with by Epping Forest Act, 1878. .369. 
 
 terms of extinction of, under arbitration, 371. 
 lawn in, 268. 
 
 acquittance of assarts in, 321. 
 
 lord of manor claims right to make grants for inclosure, 337. 
 sale of Crown rights in, 352. 
 late inclosures in, 357. 
 compensation of commoners in, id. 
 inclosures in, cause of suits in Chancery, 357. 
 purchase of wastes of, by Corporation, 367. 
 
 Louis the Debonnaire, his Forest regulations, 53. 
 
 Ltmer, a hunting dog, 223. 
 
 Mandut, Gilbert, a perambulating knight, 24, 26. 
 Mandut, William, a perambulating knight, id. 
 Manetum, a shepherd's horn, 273, note. 
 Manner, meaning of being taken with the, 79, note. 
 
430 INDEX. 
 
 Manors in Forest, many belonged to Church, 231. 
 some to private owners, id. 
 
 See Wood Rights ; Pasture Rights. 
 
 Mareschall, Ralph le, a Riding Forester in fee, 1 1 6, 140. 
 
 Mark, possible existence of Teutonic .institution in England, 275, 276. 
 use of term in Essex, not confined to boundaries, 276. 
 
 Markes, claim in manor of, to cut wood in summer, 257. 
 
 Marten, a beast of chase, 191. 
 
 called vermyn in Waltham, 1 87. 
 
 Martial, his opinion of the hare, 192. 
 
 Mary (Queen), neglect of forest laws in reign of, 80. 
 
 Master Forester, office combined with that of Chief Justice, 84, 105. 
 
 Master Keepers, list of, 380 — 385. See Foresters. 
 
 Mastiffs in 1594. .225. 
 
 ordered to be lawed, 226. 
 said to be the only dogs subject to lawing, 227. 
 rule apparently not followed in Waltham Forest, 228. 
 presentments of unexpeditated, in 1630, id. 
 hunting beast, if expeditated, owner was quit, 229. 
 not to be brought by mower at night, id. 
 See Dogs ; Lawing. 
 
 Mediocres, might not keep greyhounds, 204, 222. 
 were freemen, 204. 
 See Canute. 
 
 Metage of grain Act, 1871, provisions of, 360. 
 
 MiCKELWRiGHT, George, his investigation into exercise of com- 
 moners' rights, 362, note. 
 
 Mines, inspected under laws of Henry II. and Richard I., 322. 
 
 Ministers of the Forest, titles of the different, 73. 
 to be punished for surcharging, 78. 
 
 MoNTEFiCHET. See Munfichet. 
 
 Montgomery, Sir Thomas, Custodian of Forest, 118. 
 
 MORNINGTON, Earl of See Wdlesley, Long. 
 
 succeeded in wardenship by his son Earl William Richard Arthur, 
 
 I2S- 
 
 Earl W. R. A. receives compensation in respect of Hainault, id. 
 devises to trustees, 126. 
 
 Mount Temple, Lord, motion of, for preservation of Forest, 359. 
 opposition of, to provisions of Epping Forest Act, 1872. .363. 
 
INDEX. 431 
 
 Mower not to bring mastiff by night into Forest, 229. 
 might bring little dogs, id. 
 
 MuNFiCHET, family of, eariy holders of Stewardship, 1 14. 
 Richard (the son) a rebel, id. 
 
 deprived of, and restored to office, id. 
 
 a landowner in Forest, id. 
 
 the re-grant to him, 115, note. 
 
 titles of his office, ij6. 
 
 sheriff of Essex and keeper of Colchester, id. 
 
 takes profits of a forester, 140. 
 
 Murrain, deer killed by, 217. 
 
 Musket. See Gun. 
 
 Mutilation of dogs. See Lowing. 
 
 Nasing, common fields in parish, 271. 
 rights in, described, 271 — 273. 
 not affected by fence month, 272. 
 within Forest, 273. 
 had reeve and cattle mark, id. 
 its agricultural system, id. 
 wood, history of, id. 
 acquittances of assarts in, 321. 
 purlieu of, 161. Sta Purlieu. 
 
 Nasing Wood Park, ancient history of, 317. 
 
 Reeve of Nasing refuses to drive it, 318. 
 
 omitted from perambulation under Epping Forest Act, 1871.. 
 364- 
 Navestock, part only in Forest, 13. 
 Nettleswell, acquittance of assarts in, 321. 
 
 Nevill, Hugo de, Justice of Forest, 20, 23, 105, note. 
 
 Alan de (father and son), Chief Justices and Master Foresters, 105. 
 Hugh de, and his son held same offices, 107. 
 John de, fined and removed, id. 
 
 New Forest, winter heyning in, 280, note. 
 
 claims in, by lord of manor of Minestead, 151, note, 176, note, 206, 
 note. 
 
 Norman, Symon, a Riding Forester in fee, n6, 140. 
 his receipts and claim, 140. 
 
 Oak, process against person who cut, beyond king's demesne, 232, 
 
 233- 
 . spear, not allowed to be pollarded, 250. See Spears. 
 
432 INDEX. 
 
 Oath of inhabitants of forests, 75. 
 
 Ongar, High, licence to inclose park of, 320. 
 claim and complaint against owner of, id. 
 
 Ongar Park, purlieu of, i6i. 
 
 Ox, not to be taken as fine for non-lawing, 229. 
 
 Palgrave, Sir F., his remarks on lawing of dogs, 227, 228. 
 
 Pannage, king's right of, 77. 
 
 swine allowed in forests in time of, 307. 
 
 meaning of term, 308. 
 
 provisions as to king's pannage in time of Henry II., id. 
 
 rights of freeholders to, under Charta Forestas, 308, 309. 
 
 right found by Epping Forest Commissioners, 309. 
 
 slight evidence of, in records, id. 
 
 temporary stoppage of, by James I., id. 
 
 claims for, in 17th century, 310. 
 
 their doubtful nature, id. 
 
 regulations as to ringing of swine, 307, 311. 
 
 Parks, licences to make, 314. 
 
 imperfect fencing of, caused forfeiture, id. 
 salteries or deer leaps in, forbidden, id. 
 names of, in Forest, 314 — 320. 
 opinion of Polydore Vergil as to, 320. 
 
 Passefeld, acquittance of assarts in, 321. 
 
 Passelewe, Robert de, Chief Justice of Forests, 107. 
 his other offices and position, id. 
 removed and afterwards restored, id. 
 shows king how to raise money by fines, 108. 
 his death and character, id. ' 
 
 Pasture, presentment of right of, 265. 
 antiquity of, in forests, 265, 266. 
 origin of right in Forest of Essex, 274. 
 instances of pasture associations in England, 275. 
 compared with forest arrangements, id. 
 evidence of antiquity of common of, in Forest, 276, 277, 
 absolute power over, claimed for Crown, 281. 
 no record of interference with, by Crown, id. 
 protected by forest laws, 282. 
 allowance for, at Justice Seat not required, id. 
 policy of Crown not to interfere with, id. 
 how surchargers dealt with by Skene's code, 283. 
 right belonged only to forest lands, id. 
 offer of Edward I. to give right of, upon reafforestation, 284. 
 instances of rule in Waltham Forest, 284, 285. 
 
INDEX. 433 
 
 Pasture, Forest, reserved to disafforested persons by i6 Car. I.. ,284, 
 note. 
 presentment for surcharge of, 286. 
 generally acquiesced in by lords, 287. 
 objection to, in Wanstead, id. 
 presentment as to, by Regarders, 288. 
 claims for, id. 
 
 prevailed in detached parts of Forest, id. 
 
 claimed by lords of manors and commoners in 17th century, 289. 
 claims of limited rights, id. 
 variety in forms of limited claims, id. 
 not actively opposed after 1630. ,290. 
 established in 1874, id. 
 
 kinds of commonable beasts not mentioned by Regarders, id. 
 question as to sheep then pending, id. See Sheep. 
 what other beasts commonable in Forest, 290. 
 imperfect knowledge of Hainault Forest Commissioner as to 
 
 rights of, 305. 
 rights of, supposed to be only manorial and by vicinage, 355. 
 rights of commoners overridden by collusive grants, 356. 
 
 Pear, special vert, 233. 
 
 Peperking, or Peverell, Randolf, supposed charter to, 5 — 10. 
 his estates in Essex, 6. 
 his descendant, 10. 
 
 Pepys, his remarks about Oliver St. John, 102, note. 
 his account of Sir W. Hicks, 120, note. 
 
 Perambulations, under Charter of the Forest, 20, 21, 23. 
 of 1228. .25. 
 
 of 1298, 1299, and 1300.. 28. 
 of 1301, contents of, 29 — 32, 393. 
 doubts as to meaning of, 33. 
 objections to, on behalf of Crown, 34. 
 for restoring bounds used in 20 James I., 50, 400. 
 of Forest under Epping Forest Act, 1871 . .364. 
 
 Perch, forest, size of, 321. 
 
 PiccHEFORD, Geoffry de, a Forcst Justice, 108. 
 
 PiRGO, park of, 320. 
 
 Ploughbote, meaning of, 245, note. 
 
 Plumbereway, or Plumberge, Thomas de, a perambulating knight, 
 24, 26. 
 
 Poachers, in 1 6th century, 2 1 o. 
 
 their devices for killing deer, 215. 
 F. FF 
 
43+ INDEX. 
 
 Political hunting parties, statute against, 207. 
 
 PoLYDORE Vergil, his opinion about parks, 320. 
 
 PoRTMAN, Lord, his commission, 347, 348. 
 claims under, 348. 
 report by, id. 
 proposals of commissioners, 348, 349. 
 
 disafforestation of Hainault in pursuance of, 349. 
 
 Pounding cattle, in fence month, 182. 
 fees for, 182, 183. 
 
 Powle, Thomas, Steward of Forest, 118. 
 
 Propositus, ancient title of reeve, 177. 
 
 Prickett, \ 
 
 \ names of the fallow deer, 1 94. 
 Prickett s sister, ) 
 
 Provost, ancient title of reeve, 177. 
 
 Public, have no legal right of recreation over private or forest lands, 
 3SS. 366. 
 
 Punishments,, abolition of death and mutilation, 70. 
 slightness of evidence as to infliction of, 96. 
 object of severe, id. 
 
 probable circumstances of infliction of, id. 
 later system of, under Forest Courts, id. 
 
 Purlieus, their history, 159- 
 
 effect upon rights in, of disafforestation by Henry III., 1 60. 
 
 probable date of afforestation of, 161. 
 
 external boundaries of, unknown, 162. 
 
 titles of officers of, 163. 
 
 by whom officers appointed, id. 
 
 names of chief rangers, 163 — 165. 
 
 mention of, in perambulations, 162. 
 
 remains of, 163. 
 
 laws of, 166. 
 
 qualifications for hunting in, 166, 167. 
 
 niles as to hunting in, 167, 168. 
 
 regulations as to, in Skene's laws, 168. 
 
 their facilities to poachers, 169. 
 
 rarity of presentments for breaches of laws of, id. 
 
 examples of presentments, 169, 170. 
 
 men of, not entitled to forest pasture, 285. 
 
 exceptions on payment for liberty, 286. 
 
 same rule in New Forest, id. 
 not noticed in Epping Forest Act, 1878. .368. 
 
INDEX. 435 
 
 PuRPRESTURES, meaning of tenn, 3 1 2. 
 forbidden from ancient times, id, 
 
 inspected under laws of Henry II. and Richard I., 322. 
 presentments against, in 1594. .325. 
 
 Purveyance, right of, in 17th century, 241. 
 allusion to king's right of, 297 and note. 
 
 Putney, destruction of common woods in, 258. 
 
 Queen Elizabeth, her Forest lodge not used for courts, 94. 
 her hunting in Forest, 197. 
 her supposed grant of lopping rights, 247. 
 her grants of land in Forest to her servants, 324. 
 lodge transferred to Conservators, 369. 
 
 Rache, a name for the bracket, 224. 
 
 Ralph de Hoodenk, his right to hunt, 8. 
 
 Ralph son of William, a perambulating knight, 24, 26. 
 
 Ranger, appointed under Epping Forest Act, 1878. .369. 
 
 Ranger of Purlieus, names of chief, 163 — 165. 
 number of under-rangers, id. 
 duties of both, 166. 
 salaries of, id. 
 chief, had fee deer, id. 
 oath of, 1 66 and note. 
 where office exerciseable, 162. 
 
 Rann, probable meaning of, in Colloquies of ^Ifric, i86, note. 
 
 Raskalls, what beasts were, 1 87 and note. 
 
 Rayleigh Castle, built by Sweyn of Essex, 9. 
 
 Rayleigh, Purlieu of, i6i. 
 its position, id. 
 
 Red Deer, names of, at various ages, 193. 
 
 Reeves, originally parish officers, 176. 
 became officers of Forest Courts, 177. 
 summoned to Forest Courts, id. 
 early notices of, as provosts, id. 
 from what parishes summoned in isth, i6th, and 17th centuries, 
 
 177— '79- ^ „ 
 how appomted, 180. 
 oath of, id. 
 
 only related to Crown duties, 181. 
 jurisdiction of Court of Attachments over them and fourmen, id. 
 F F 2 
 
436 INDEX. 
 
 Reeves, duty of, to drive forest pastures, i8i. 
 
 presentment of Regarders as to, in 17th century, id. 
 duty of, to mark cattle, 299. See Cattle Mark. 
 appointment of, under Epping Forest Act, 1878. . 370. 
 
 Regard of the Forest, when held, 151. 
 
 some of the Forest wastes beyond, 155, 156. 
 
 effect of this, 155. 
 searching regard in 1630. .157, 158. 
 
 oifences presented at, 158. 
 date of last regard, 159. 
 
 Regarders, their return presented at Swainmote, 83. 
 their fee deer, 92, 159. 
 
 duties of, under laws of John and Henry III., 151- 
 who were, id. 
 
 their claim to represent the Mediocres, id. 
 set in motion by sheriff, 152- 
 their return, how made to Swainmote, id. 
 their oath, id. 
 their inquiries, 153. 
 
 their instructions in 17th century, 153, 154. 
 offences which were inquired after, 154. 
 history of, in Essex, obscure, 156. 
 numbers of, from 13th to 17th century, 156 — 159. 
 their presentment as to driving the Forest, 18 1. 
 list of, 385—391. 
 
 Restraint on killing deer, 218, 219. 
 
 Rhyming Charter, reasons for supposing it to be a forgery, 6 — lo. 
 
 Rich, Sir Richard, Lieutenant of Forest, 118. 
 
 objection in his manor of Wanstead to forest right of pasture, 287. 
 
 Richard I., abolishes worst cruelties of forest laws, 70. 
 his forest laws, 7 1 . 
 his laws against weapons and dogs, 204. 
 
 Richard II., his statute against political hunting parties, 207. 
 
 Richard de Tany, his right to hunt, 8. 
 
 Richard, Earl of Cornwall, obtains restitution of Charter of Forest, 24. 
 
 Richard son of William, a commissioner to perambulate, 23, 26. 
 
 RiDELiNGS, Alexander de, a perambulating knight, 24. 
 
 Riding Foresters, Master Keepers originally so called, 137. 
 number of, in Essex, id. 
 their ancient Bailiwicks, 137 — 144. 
 only one after 1489. . 144. 
 
 his duties, 144, 145. 
 
 appointed by Warden, 144. 
 
INDEX. 437 
 
 Riding Foresters, vacancies in office, 145. 
 entitled to fee deer, 147. 
 salary of, id. 
 list of, 378 — 380. 
 
 Rifle, use of, in Forest, 215. 
 
 River, when a forest boundary, was the King's, 57. 
 
 Roadside Strips, inclosure of, not prevented, 338. 
 
 Robbers, forests infested by, 315 and note. 
 
 settlement of a body of, in 1 698 ..315, note. 
 
 Turpin and King, their residence in Forest, 316, note. 
 
 RocHFORD, beyond Forest time out of mind, 22. 
 
 Rockingham Forest, payment to Verderers in, 133, note. 
 
 Roe, remains found at Walthamstow, 191. 
 reintroduced into Forest, id. 
 a beast of chase, 187. 
 why not of forest, id. 
 why not venison, id. 
 
 Roehampton, destruction of common woods in, 258. 
 
 Roger God Save the Ladies, grantee of part of Felsted, 33, note. 
 
 RoKELE, or Rupela, Philip de, a perambulating knight, 24, 26. 
 
 RoMES, Nicholas de, a Forest Justice, 108. 
 
 RooTHiNG Aythorp, arrentations of assarts in, 323. 
 
 RoYDON Hall, right of gallows in manor of, 8. 
 
 RoYDON Hamlet, common fields in, 271. 
 rights in, described, 271, 272. 
 within Forest, 273. 
 had reeve and cattle mark, id. 
 
 Ruckholt, right of stocks and gallows in, 8. 
 account of Sir W. Hicks' house at, 120, note. 
 claim of lord of, to cut wood, 244. 
 sale of Crown rights in, 352. 
 late inclosures in, 357. 
 
 RuFus' Stirrup, said to have been used as gauge for dogs not 
 subject to lawing, 227, 228. 
 
 St. John Baptist, feast of, time of fawning of deer, 77. 
 
 St. John, Oliver, Steward of Forest Courts, 102. 
 his argument against Strafford, illustration in, id. 
 Pepys' remarks about him, 102, note. 
 
438 INDEX. 
 
 St. Martin's, feast of, time for receiving king's pannage, 77. 
 
 St. Mary, Stratford, forest manors of, 23 1 . 
 right of monks of, to pasture sheep, 29 1 . 
 claims of them and their successors, id. 
 
 St. Michael's, time for agistment of king's woods, 77. 
 
 St. Paul's, London, forest manors of, 231. 
 rights of cutting wood, 242. 
 
 St. Peter's, Westminster, ancient owners of Wan stead, 231. 
 
 Saladin, brackets sent to, by Richard I., 224. 
 
 Sale Wood,' Verderers refuse assent to inclosure of, 332. 
 
 Salteries, in parks forbidden, 314. 
 
 presentments of, in Wanstead Park, id. 
 See Deer Leaps. 
 
 Sapling, technical meaning of, 250, note. 
 
 Scotale, meaning of, 143, note. 
 
 Seconds, meaning of, 250, note. 
 
 Senaunce, Robert de, a perambulating knight, 24, 26. 
 
 Sewardstone, claim of lord to lop woods, 244. 
 claim of inhabitants to lop, 248. 
 acquittance of assarts in, 321. 
 sale of crown rights in, 352. 
 late inclosures in, 357. 
 purchase of wastes of, by Corporation, 367. 
 
 Sheep, question whether commonable in Forest, 290. 
 not mentioned in Canute's code, id. 
 
 number of, in Forest parishes mentioned in Domesday, 291. 
 grants of right to pasture, 291, 292. 
 presentments for pasturing without licence, 292. 
 great increase in breeding of, 293. 
 inquiry by James I. as to surcharges by pasture of, id. 
 declared to be uncommonable, id. 
 long tolerated in Forest, 294. 
 
 Information by Attorney-General v. Fuller as to, id. 
 said to be obnoxious to deer, id. 
 statements by Attorney-General as to pasturing of, in Forest, 294, 
 
 295- 
 claims set up by Fuller and other defendants, 296. 
 decision against right by Justice Seat in 1630. .297. 
 Fuller and his co-defendants fined, id. 
 practical effect of decision, 297, 298. 
 claim of Fuller confined to lawns, 298. 
 probable explanation of claim, id. 
 right to pasture not claimed by Corporation of London, id. 
 
 Sir Tristram brought in the terms of hunting and hawking, 193. 
 
INDEX. 439 
 
 Skene, Sir John, forest regulations published by, 72. 
 
 how far they agree with Articles of Attachment of Forests, id. 
 
 Sledge, a carriage for lopped wood, 252. 
 
 Slid, the load carried by a sledge, id. 
 
 Smijth, Sir William, Lieutenant of Forest, 122. 
 
 Sore, ) 
 
 „ I names of the fallow deer, 194, 195. 
 
 Spayad, a name of the red deer, 193, 195. 
 
 Spears, what they were, 250, note. 
 marked by woodward, id. 
 
 Sporting, licences for, in Forest, 201, 202. 
 granted by Chief Justices, 202. 
 effect of, id. 
 objections to, 203. 
 number of, id. 
 granted by Commissioners of Woods and Forests, id. 
 
 Staff herding, in Forest forbidden, 279. 
 complaint of, id. 
 illegality of, led to straying of beasts, id. 
 
 Stag, Gwillim's remarks upon, 194. 
 
 Staggard, a name of the red deer, 193, 195. 
 
 Stanway, or Stanstrete, district north of, disafforested by John, 19. 
 claimed as forest boundary by Edward I., 28. 
 
 Stapleford, Purlieu of, 161. 
 
 Stapleford Abbot, claim of lord to lop wood, 244. 
 right in, to cut wood in summer, 257. 
 lawn in, 268. 
 
 Starvelings, what they were, 251. 
 
 Stephen, his oath as to wasted woods, 235, 
 
 Steward of Forest. See Lord Warden. 
 rights claimed on behalf of, 126, 127. 
 
 Steward of Forest Courts, loi. 
 his duties, id. 
 his title, 102, 
 
 names of Stewards, 102 — 104. 
 office filled by Oliver St. John, 102. 
 dispute as to right to appoint, 103. 
 consequent interruption of Courts, id. 
 result of dispute, 104. 
 refuses to deliver Court books to Lord Warden, 125. 
 
440 INDEX. 
 
 Stint, remarks of Mr. Joshua Williams as to supposed, in Forest, 
 304, note. 
 
 Stob and Stock, supposed meaning of, 8 and note. 
 nature of right, 8. 
 
 Stratford, part only in Forest, 13. 
 
 Stratford, Abbot of St. Mary, had fee deer, 200. 
 
 Straying of beasts in Forest, how it arose, 279. 
 how inconvenience of, prevented, id. 
 
 Sturgeon, right of king to, 57, note. 
 
 Sturtt, William, sub-steward of Forest, 117. 
 
 Sub-Steward. See Lieutenant. 
 
 Sunday, hunting on, in Purlieus forbidden, 168. 
 ancient rule against, 1 68, note. 
 presentment for hunting on, 208. 
 
 Surcharges, inquiry into, by James I., 293. 
 
 Swainmote, probable meaning of word, 73. 
 constitution and duties of court, 77. 
 direction as to, in Charta Forestse, id. 
 its possible origin, id. 
 not held in all the forests, id. 
 how often to be held, id. 
 times for holding, id. 
 by what officers attended, 77, 78. 
 rules of Edward I. and Edward III. as to presentments of 
 
 trespasses at, 78. 
 to inquire into surcharges of ministers, id. 
 records of holding of, 80 — 82. 
 mode of proceedings of, 82. 
 presentments at, 80. 
 directed to be held by James I., id. 
 neglected in times of three next sovereigns, id. 
 discontinued in i6th and early in 17th century, 80, 81. 
 revived by Charles I., 81. 
 officers present at Court of 1630. .81, 82. 
 dates and places of holding of, 80 — 83. 
 manner of proceeding against persons indicted at, 83. 
 roll of, ought to be on parchment, 83, note. 
 return of regarders presented at, 83. 
 province of, id. 
 
 suggestions as to returns of, in 1610. .94. 
 clerk of, had fee deer, 92. 
 where held, 95. 
 proposal to revive, 364. 
 
INDEX. 441 
 
 SwEYN of Essex distinguished from the son of Godwin, 9. 
 
 Swine, uncommonable in forests, 293, 307. 
 long tolerated there, 294, 307. 
 many kept by Anglo-Saxons, 306. 
 numbers of, in Essex at time of Domesday, id. 
 allowed under forest laws, id. 
 
 only in pannage time, id. See Pannage. 
 required to be rung, 307. 
 forbidden in forests by Scotch law, id. 
 
 except for King's pannage, 307, 308. 
 
 Swiss Allmends, restrictions on wood-cutting in, resemble those in 
 Loughton, 256. 
 
 Tallwood, long and short, what it was, 239, note. 
 
 Tegg, a name of the red deer, 194. 
 
 Temple •RoYDON, right of gallows, in, 8. 
 
 Tendring, excepted from writ of re-afforestation in 1228. .25. 
 when re-afforested, 26, 28. 
 when disafforested, 28 and note. 
 
 Terefeld, Brian de, forestership of Horsefrith held under, 142. 
 
 Theydon Bois, part only in Forest, 13. 
 
 claims of lopping by inhabitants of, 248. 
 arrentations of assarts in, 323. 
 struggle about inclosures in, 343. 
 sale of crown rights in, 352. 
 late inclosures in, 357. 
 
 Theydon Gernon, arrentations of assarts in, 323. 
 
 Theydon Hall, claim of lord of, to lop wood, 244. 
 
 Timber, use of forests as nurseries for, 3. 
 for navy in Hainault, 240, 241. 
 cause of scarcity of, in Epping Forest, 241. 
 
 Tithes, of venison in forests, 70. 
 
 how justified by Bishop of London, id. 
 remark of William de Inge as to, id. 
 
 Tolls, complaints of taking, at Stratford, 140, note. 
 
 Trees. See Vert. 
 
 not to be cut without licence, 232. 
 fruit-bearing, fine for cutting, id. 
 
 Trespasser in Forest, when forest officer not liable for killing, 196. 
 rules as to in Skene's laws, 196, note. 
 
442 INDEX. 
 
 TuRBERViLLE, his remarks on night hunting, 2og. 
 
 Tylney, Richard, Earl of, Warden of Forest, 121 
 holds lieutenancy, id. 
 John, Earl of, Warden, 122. 
 
 devises office to Sir J. T. Long, 123. 
 
 Under Foresters or Keepers, 137 — 139, 140 — 142, 145, 146. 
 chief executive officers of Forest, 148. 
 their duties, 148, 149. 
 they and assistants of, sworn officers, 150. 
 by whom appointed, id. 
 by whom removable, id. 
 their wages, id. 
 their perquisites, 150, and 151, note. 
 
 Underwood. See Vert. 
 
 not to be cut without licence, 232. 
 
 Upminster, acquittance of assarts in, 321. 
 
 Upshire, common fields in, 271. 
 
 Valance, Aymer de, a forest justice, 16. 
 
 Veer, Matilda de, acquires wardenship, 117. 
 
 grants it to Aubrey de Veer, id. 
 Aubrey de, Warden of Forest, id. 
 John de, deprived of and restored to wardenship, 118. 
 Edward de, has regrant of office, 119. 
 
 grants to Lord Norris and Sir Francis Veer for eleven years, id. 
 
 rights claimed by as warden, 127. 
 Henry de. Warden, 119. 
 
 empowered to build forest prison, 128. 
 See Ver; Veres. 
 
 Velteres, hounds so called, 225. 
 
 Venison, what beasts are, 187. 
 roe not, id. 
 wild boar is, 188. 
 
 warrants to supply for King or for fee deer, 198. 
 formerly supplied by King's hunters, id. 
 
 Ver, Aubrey de, exact office held by, doubtful, 107. See Veer; Veres. 
 
INDEX. 443 
 
 Verderers, Court of, 75. See Attachments. 
 were judges of Court of Attachments, 76. 
 their fee deer, 92. 
 their right to preside at Court of Attachments, 123. 
 
 disputed by Mr. Long Wellesley, 124, 125. 
 judicial oflScers, 130. 
 proper number of, id. 
 
 number in 13th and 14th centuries, 130, 131. 
 when number fixed, 131. 
 how elected, id. 
 cost of election, 131, note. 
 where sworn, 131. 
 their oath, 132. 
 from what class chosen, id. 
 their duties, id. 
 
 keepers of forest rolls, 132, 133. 
 heirs of, bound to bring in rolls, 133. 
 entitled to fee deer, not to wood, id. 
 no other remuneration, id. 
 their powers, id. 
 
 finable for exceeding powers, id. 
 statutory powers of, 1 34. 
 not efiectual, id. 
 directed to certify inclosures beyond Forest to Attorney-General, 336. 
 
 result, id. 
 refusal of, to certify in 1831 . .342. 
 neglect of their duties, 343. 
 
 their conduct at courts in and after 1848. .344, 345. 
 their responsibility for state of Forest, 346. 
 appointment of, under Epping Forest Act, 1878. .370. 
 qualification of, id. 
 
 members of Epping Forest Committee of Conservators, 370. 
 list of, 373—378- 
 
 Veres, De, Earls of Oxford ; Alberic, 2nd Earl, procures disaflforesta- 
 tion of hundreds north of Stanstrete, 30. See F^^r; Ver. 
 
 Vermyn, what beasts are, 187. 
 
 Vert, what it included, 233. 
 what special, id. 
 obscure definitions of, 233, note. 
 definition in charge to Grand Jury, 234. 
 special, excepted from claims of wood rights, id. 
 
 cut by keepers for deer, id. 
 
 destruction of, greater oflFence than of common, id. 
 
 penalty for cutting, id. 
 complaints of destruction of, in Essex, 236, 237. 
 
 punishments for, 237. 
 
 connection of, with loss of wood rights, id. 
 
 participation in, of forest oflficers, 237, 238. 
 
444- INDEX. 
 
 Vicinage, nature of common by reason of, 289, note. 
 principal incident of, wanting in Forest right, id, 
 origin of, id. 
 
 ViLLS in Forest, existed before Conquest, 12. 
 population of, at date of Domesday, 13, note. 
 
 Waldb^ra, a right of feeding swine in forests, 306. 
 
 Walks of the Foresters and Master Keepers, 145, 146. 
 
 Wallwood, beyond regard, 756. 
 disafforested, id. 
 
 woodward of, when belonging to Crown, id. 
 history of park of, 318, 319. 
 
 Waltham, by whom settled, 12. 
 
 half hundred of, district of a Forester in fee, 141. 
 
 office claimed by Abbot of, id. 
 common fields and meadows in, 268, 269. 
 regulations as to use of, 269. 
 acquittances of assarts in, 321. 
 late inclosures in, 357. 
 
 dispute as to common rights in marsh of, 269, 270. 
 rights of inhabitants and tenants found, 270. 
 marsh still used by them, id. 
 purchase of wastes of, by Corporation of London, 367. 
 
 Waltham, Abbot of, had grant of deer, 199. 
 
 Canons of, house dogs free from lawing, 229. 
 
 manors belonging to, 231. 
 
 rights of wood-cutting, 242. 
 
 Abbot Simon, dispute with, about marsh rights, 269, 270. 
 
 Waltham Blacks, origin of name, 211, note. 
 
 Waltham Forest, when so called, i. 
 description of, in 17th century, 2. 
 
 Waltham, Little, park of Adam de Kaylli in, seized by king, 320. 
 
 Waltham Park, claimed as free park in 1630. .316. 
 
 Walthamstow Common, fields in, 270, 271. 
 
 Walthamstow Toney, claim of lord to cut wood, 244. 
 
 Wangey, claim in manor of, to cut wood in summer, 257. 
 
 Wanlace, duty of a Waltham forester in fee to make, 141. 
 
 Wanstead, common fields in, 271. 
 sale of crown rights in, 352. 
 late inclosures in, 356. 
 
INDEX. 44S 
 
 Wanstead Park, history of, 319. 
 salteries in, 314. " ■ 
 
 Warden of Forest bound to admit offenders to bail, 79. 
 attended Swainmote, 82. 
 not judicial officer, id. 
 
 office in Hainault abolished and compensated, 350. 
 compensated for loss of rights on sale of Crown rights in Higham 
 
 Hills, 352. 
 treatinent of, by Crown officers on sale of other manors, id. 
 
 See Lord Warden. 
 
 Warren, fowls of, 7. 
 
 Warwick, Earl of, his account of proceedings at Justice Seat in 
 163+.. 38. 
 
 Waste of woods, what was, 235. 
 abuse of rule as to, id. 
 
 wastes inspected under laws of Heniy II. and Richard I., 322. 
 See Woods. 
 
 Way, claim of crown to, in forests, 58. 
 
 Weald, acquittance of assarts in, 321. 
 
 Weald Side, Purlieu of, 161. 
 
 Wellesley, Long, marries Catherine Tylney Long, 123. 
 assumes office of Warden, id. 
 becomes Earl of Momington, 124. 
 See Momington, Earl of. 
 
 Wells, Sir Robert de, part owner of Wardenship, j 17. 
 
 West Ham, part only in Forest, 13. 
 modem cattle mark of lord of, 179. 
 sheep in, 291. 
 
 sale of fore?tal rights of Crown in, 334. 
 inclosure of waste in, 356. 
 
 Whale, right of king and queen to, 57, note. 
 
 Whetstone, Sir Bernard, his account of his losses from Forest 
 rules, 59. 
 
 White, Mr. Thomas, elected a verderer, 363. 
 
 Whitethorn, special vert, 233. 
 
 Widows, poor, their rights to fuel in Hainault, 263. 
 possible origin of, 264. 
 compensation for, 350. 
 
446 INDEX. 
 
 Wild Boar, a beast of forest, 186, 188, 190. 
 flesh of, is venison, 187. 
 in Forest when Fitzstephen wrote, 189. 
 remains of, abundant, 190. 
 no mention of, in Forest records, id. 
 
 Wild Cat, grants of right to hunt, in Forest, 191. 
 possibly the marten, id. 
 hunting of, by licence, 201. 
 
 Wild Cattle, not mentioned in Forest records, 191. 
 their position under forest laws, id. 
 
 WiLLiNGALE, Thomas, his suit to prevent inclosures in Loughton, 
 358. 
 
 WiLLOUGHBY, Lord, buys wardenship, 120. 
 
 Wimbledon, rights of wood-cutting in, 258. 
 
 regulations compared with those at Loughton, 258, 259. 
 
 Windsor, disafForestation of Forest of, 258. 
 
 Winter Heyning, in New Forest, 280, note. 
 
 Wintry Wood, called a park, 319. 
 antiquity of name, id. 
 
 WiTBRicTESHERNA, ancient name of Dengie hundred, 7. 
 meaning of, 7, note. 
 
 WiTHAM, district of a Riding Forester, 138. 
 
 WoLANSTONE, JoHN DE, a Forester in fee, 141. 
 
 Wolf, a beast of forest, 186. 
 
 not under Canute's laws, 188. 
 
 no entries about, in Forest records, 1 89. 
 
 reference to, in grant to Waltham Abbey, id. 
 
 in tenures of land, 1 89, 1 90. 
 evidence as to late existence of, 190. 
 
 WoLHAMPTON, claim of lord to cut wood, 244. 
 
 WoLVERSTON, licence to make park in, 319. 
 
 Wood, right to fixed quantity of, from Forest, 263. 
 antiquity of such rights, id. 
 instances of, in Essex, id. 
 rights of poor widows to, in Hainault, id. 
 See Fuel Assignments ; Loughton ; Woods. 
 
 Wood Cat. See Wild Cat. 
 
INDEX. 447 
 
 Woodford, claim of lord to cut wood, 244. 
 common fields in, 27 1 . 
 acquittances of assarts in, 321. 
 sale of Crown rights in, 352. 
 late inclosures in, 356. 
 purchase of wastes of, by Corporation, 367. 
 
 WooDMOTE, a name for Court of Attachments, 73. See Attachments, 
 Court of. 
 
 Woods, cutting and selling of, in king's demesne forbidden, 232. 
 process against persons cutting beyond demesnes, 232, 233. 
 waste of, 23s. 
 wasted, seized by king, 235. 
 
 kept by Henry I., id. 
 
 Stephen's oath as to, id. 
 
 practice as to, in Essex, id. 
 
 fines for continuous, 235, 236. 
 neglectto fence, 238. 
 rules as to fencing of, when cut, 238, 239. 
 James I. provides for ornamental character of, 239. 
 devastation of, during Commonwealth, 239, 240. 
 
 proposal to prevent, 240. 
 licences for cutting, 241. 
 great cutting of, in i8th century, 241, 242. 
 special rights of cutting, 242. 
 
 by ancient charters, 242, 243. 
 
 perhaps confirmations of customs, 243. 
 rights of cutting, remains of ancient common rights, 244. 
 instances of ancient wood rights, 245, 258.^ 
 
 existence of, in Loughton, 245, 246. 
 
 in other parishes, 257. 
 claims of lords of manors to cut, 244. 
 
 by freeholders, copyholders, and inhabitants, id. 
 rights of cutting in Wimbledon, 258. See Fuel; Loughton; 
 Wimbledon. 
 
 Woods and Forests, Commissioners of, sell forestal rights in Waltham, 
 
 334- 
 powers of, to sell Crown lands, 334, note. 
 propose disafForestation in 1817. .339. 
 threaten proceedings, 1836.. 341. 
 commence informations, id. 
 petition to, in 1 845 to prevent inclosures, 344. 
 their responsibility for ruin of Forest, 346. 
 their sales of forest rights of Crown, 351. 
 invite lords and encroachers to buy Crown rights, id. 
 proceedings of, deprecated by Select Committee of 1863. .354. 
 
 Woodstock, Assise of, 71. 
 
 Woodward delivers his horn to Chief Justice, 39, note. 
 
448 INDEX. 
 
 Woodwards, directed to be appointed by owners of woods under 
 name of Foresters, 171. 
 sworn at Forest Courts, id. 
 their oath, 171, 172. 
 entries respecting, 172. 
 woods seized for non-appointment of, id.' 
 number of, in Forest, 173. 
 acted in the Forest walks, id. 
 lords'claimed right to appoint, 173, 174. 
 ancient perquisites of, 176 and note. 
 their symbol of oflSce, id. 
 their duty at the Justice Seat, 176. 
 See King's Woodward. 
 
 Works, Forest transferred to Commissioners of, 358, note.- 
 
 Wright, John, Warden of Forest, 1 19. 
 
 Writtle, forester of, named in Domesday, 3. 
 ancient Crown demesne, 15, 24. 
 history of, while in Crown, 17, 18. 
 rights of tenants in, to lop trees, 243. 
 
 Writtle Park, royal demesne, 320. 
 
 Wroth, Sir Henry, his application to inclose 1,500 acres of waste, 329. 
 
 WyTHES, Mr., elected a verderer, 363. 
 
 Yeomen Foresters, an old name for the under foresters, 137. 
 
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