A History of Lancashire. Fishwick Henry
similar privileges, and the record thereof been lost; but we have clear evidence that before the end of the reign of Edward I. (A.D. 1307) there were not far short of a score of Lancashire market towns, each of which doubtless formed the centre of a not inconsiderable number of inhabitants, some of whom were free men, whilst others were little better than villeins or serfs, their condition varying somewhat in the different manorial holdings into which the district was divided.
Churches and monasteries had sprung up (see Chap. IX.), and a few castles probably kept watch over the insecure places. The houses, such as they were, timber being plentiful, were built of wood; the occupation of the people was chiefly agricultural, and in the forests were fed large herds of swine, the flesh of which formed a large portion of the food of the inhabitants; but in each of the towns there were small traders and artisans, among whom, in many cases, were formed trade or craft guilds. The power of the great barons appears now to have become somewhat less, and the land through various processes began to be more divided, and we find in the owners of the newly acquired tenures the ancestors of the gentry and yeomen of a later date.
The forests of Lancashire at this date were of immense extent; they may be enumerated as these: Lonsdale, Wyresdale, Quernmore, Amounderness, Bleasdale, Fullwood, Blackburnshire, Pendle, Trawden, Accrington, and Rossendale. The law respecting forests dates back to Saxon times; Canute, whilst he was King, issued a Charter and Constitution of Forests. By this charter verderers were to be appointed in every province in the kingdom, and under these were other officers known as regarders and foresters.
If any freeman offered violence to one of the verderers he lost his freedom and all that he was possessed of, whilst for the same offence a villein had his right hand cut off, and for a second offence either a freeman or a villein was put to death. For chasing or killing any beast of the forest the penalties were at best very severe: the freeman for a first offence got off with a fine, but a bondsman was to lose his skin. Freemen were allowed to keep greyhounds, but unless they were kept at least ten miles from a royal forest their knees were to be cut.
King John, whilst Earl of Morton, held the prerogatives of the Lancashire forests, and he granted a charter (which, when he became King, he confirmed) to the knights and freeholders, whereby they were permitted to hunt and take foxes, hares and rabbits, and all kind of wild beasts except the stag, hind and roebuck, and wild hogs in all parts of his forests, beyond the demesne boundaries.
In the succeeding reign, however, the freemen were again troubled by the arbitrary and harsh treatment of the royal foresters, and in vain appealed to the King for relief. Edward I. to some extent relaxed the rigour of the laws, but still assizes of forests were regularly held at Lancaster, and presentments made for killing and taking deer, and the like offences, but the penalties were not nearly so severe as formerly.
Many cases might be quoted. At the forest assize at Lancaster on the Monday after Easter in 1286, Adam de Carlton, Roger the son of Roger of Midde Routhelyne, and Richard his brother, were charged with having killed three stags in the moss of Pelyn (Pilling in Garstang), which was part of the royal forest of Wyresdale.72 About the same date, Nicholas de Werdhyll having slain a fat buck in the forest of Rochdale,73 the keepers of the Earl of Lincoln’s forest came by night, seized him, and dragged him to Clitheroe Castle, where he was imprisoned until he paid a fine of four marks.74
Sometimes it was not the individual who was the offender, but the whole of the inhabitants. Thus, in 34 Edward III. (1360–61) a sum of 520 marks was levied upon the men and freeholders within the forest of Quernmore and the natives of Lonsdale, being their portion of a fine of £1,000 incurred for their trespass against the assize of the forest.75 No doubt this was a convenient way of raising money.
The number of writs of pardon for trespasses against the forest laws, which are still preserved amongst the duchy records belonging to the thirteenth and fourteenth centuries, suggest that the offender had to purchase his pardon. The religious men, as they were called, and the clergy often had granted to them the right to hunt in the forests, as well as other privileges. As an example of the latter may be named the grant made in 1271 by Edmund Crouchback to the Prior and monks of St. Mary’s of Lancaster, to the effect that they might for ever take from the forests in Lancaster,76 except in Wyresdale, two cartloads of dead wood for their fuel every day in the year, and have free ingress and egress into the forest with one cart for two horses, or with two carts for four horses, to seek for and carry such wood away. Gradually, as the population increased, and as the personal interest of the Dukes of Lancaster in the forests themselves became less, many of these old forest laws fell gradually into disuse; but as late as 1697 a royal warrant was issued to the foresters and other officers of the forests, parks, and chases of Lancashire, calling upon them to give annually an account of all the King’s deer within the same, and also to report how many were slain, by whom, and by whose authority.
The regulations as to fishing in the rivers of the county were not so comprehensive as the forest laws; but the value of various fisheries was fully recognised, and they became a source of revenue. In 1359 Adam de Skyllicorne had a six years’ lease of the fishing in the Ribble at Penwortham, with the demesne lands, for which he paid six marks a year, and in the succeeding year justices were assigned to inquire into the stoppages of the passages in the same river, by which the Duke’s fishery of Penwortham was destroyed and ships impeded on their way to the port of Preston. Fishing in the sea as a trade also met with encouragement, for in A.D. 1382 a precept was issued to the Sheriff to publish the King’s mandate, prohibiting any person in the duchy who held lands on the coast from preventing fishermen from setting their nets in the sea and catching fish for their livelihood; and in 13 Richard II. (1389–90) an Act was passed appointing a close time for salmon in the Lune, Wyre, Mersey and Ribble.
Notwithstanding that the fishing rights on both sides the Ribble had been leased or sold with the demesne lands, nearly 200 years later the King still claimed all manner of wrecks and fish royal which were cast upon the shore. On this point a suit in the duchy court appeared in 1536, in which the King’s bailiff charged one Christopher Bone with having taken away sturgeon and porpoises which had been washed ashore at Warton, in the parish of Kirkham, whereas they of right belonged to his Majesty.77 It may be noted that at this time the porpoise was considered “a dainty dish to set before the King.”
The Normans did not, as has been frequently stated, introduce that dreadful disease, leprosy, into England, as there were hospitals set apart for leprosy at Ripon, Exeter, and Colchester some time before their advent. In the twelfth and thirteenth centuries leprosy was very prevalent in the northern parts of Lancashire; and to meet the requirements a hospital was founded at Preston in the time of Henry III. How the lepers who were not in the hospitals were dealt with we have no evidence to show, but that they were harshly, not to say cruelly, treated, and were in a measure outcasts, may be safely assumed.
Shortly before April 10, A.D. 1220, Henry III. addressed a letter to Hubert de Burgh, instructing him to order the Sheriff and forester of Lancaster to desist from annoying the lepers there;78 and this not proving efficient, a royal writ was issued to the Sheriff (dated April 10) directing that officer to see that they were no longer molested by Roger Garnet and others, and that henceforth they were to have their beasts and herds in the forest without exaction of ox or cow, and also to be allowed to take wood for fuel and timber for building.
From this it appears clear that these lepers lived apart from the rest of the community, in houses or huts erected by themselves, and were not allowed to enter even a church; hence the use of what are known as leper windows, one of which still remains in the north chancel wall of Garstang Church. Leprosy continued with great severity for upwards of a couple of centuries, but towards the time of Henry VIII. it appears to have gradually decreased, and in the days of his immediate successor had almost died out.
The various Crusades of the twelfth century found many followers from Lancashire, and even when the Christians were fast losing their Asiatic possession
Rossendale Forest adjoins this parish.
Plac. de Quo War., Edw. I.: Record Office.
Duchy Chancery Rolls, chap. xxv., A 2b.
The honour of Lancaster.
See Fishwick’s “History of Kirkham,”
Royal Letters, Henry III., No. 185.