The Forest of Dean: An Historical and Descriptive Account. H. G. Nicholls
that recent acts of the legislature had directed that “twelve standils or storers likely to become timber should be left on every acre of wood or underwood that was felled at or under twenty-four years’ growth,” and prohibited the “turning woodland into tillage,” and required that, “whenever any wood was cut, it must be immediately enclosed, and the young spring thereof protected for seven years.” Moreover, no trees upwards of a foot in the square were to be converted into charcoal for making iron.
The returns from Sir Julius Cæsar’s collection preserved in the Lansdowne MSS. recognise the above regulations, as well as the market for wood created by the Forest iron-works, now greatly enlarged; they possess considerable interest, and will be found in Appendix No. I.
CHAPTER II.
a.d. 1612–1663.
Grants in the Forest to Earl of Pembroke—Mining restricted to the Foresters—Iron cinders of old workings re-smelted in the new furnaces—Last justice seat held in 1635, extending the limits of the Forest to those of Edward I.—Grant to E. Terringham—Forest surveyed in 1635—Sale of the woods to Sir J. Winter—Disturbances of the Civil War at Coleford, Highmeadow, Ruerdean—Adventures of Sir J. Winter at Westbury, Little Dean, Newnham, Lydney—Events on the north side of the Forest—Incidents of the Protectorate, riots and devastations of the Forest—Sir J. Winter’s patent restored—Effects of a great storm—Survey of the Forest in 1662—Mr. J. Pepys and Sir J. Winter on the Forest—The latter resumes his fellings—Inhabitants suggest replanting and enclosing the Forest—Act of 20 Charles II., c. 3—Sir J. Winter’s licence confirmed.
On the 17th of February, 1612, William Earl of Pembroke obtained a grant “of 12,000 cords of wood yearly for twenty-one years at 4s. per cord, being £2400, and reserving a rent besides of £33 6s. 8d. per annum,” with “liberty to dig for and take within any part of the said Forest, or the precincts thereof, such and so much mine ore, cinders, earth, sand, stone, breaks, moss, sea coal, and marle, as should be necessary for carrying on the iron-works let to him, or which he should erect; no person or persons whatsoever other than the said Earl to be permitted during the said term to take or carry out of the said Forest any wood, timber, mine ore, or cinders, without consent of the said Earl, except such timber as should be used for his Majesty’s shipping.” The Earl obtained, on the 13th June of the same year, a grant of “the lordship, manor, town, and castle of St. Briavel’s, and all the Forest of Dean with the appurtenances, and all lands, mines, and quarries belonging thereto, except all great trees, wood, and underwood, to hold for forty years at the yearly rent of £83 18s. 4d., and an increase rent of £3 8d.”
It appears that, soon after these leases were granted, the miners, hitherto accustomed to dig for ore in the Forest, resumed their work without the Earl’s consent, and an information was filed against some of them by the Attorney-General. Upon this, an order, dated 28th January, 1613, was made by the Court, “that those miners, and such others as had been accustomed to dig ore in the Forest, upon the humble submission for their offences, and acknowledgment that the soil was the King’s, and that they had no interest therein, and upon their motion by counsel that they were poor, and had no other means of support, and praying to be continued in their employment, should be permitted, out of charity and grace, and not of right, to dig for mine ore and cinders, to be carried to his Majesty’s iron-works, and not to any other place, at the accustomed rates; if the farmers of the King’s iron-works should refuse to give those rates which, as well as the number of diggers, were to be ascertained by Commissioners to be named by the Court, that then they might sell the ore to others; but no new diggers were to be allowed, but only such poor men as were inhabitants of the said Forest.” It was not intended that this order should always continue in force, but only until such time as the cause brought in the name of the foresters should be heard and determined. This, however, appears never to have been done, as no decree was obtained, probably from the miners considering it best to accept the terms offered, regarding the above order as a record in their favour, since it provided that “no new diggers were to be allowed, but only such poor men as were inhabitants of the said Forest;” a view, it may be remarked, agreeing with that which the free miners took in their memorial of 1833. [25]
The cinders adverted to were the ashes or refuse left by a former race of iron manufacturers, whose skill was too limited to effect more than the separation of a portion of the metal, but which the improved methods, now introduced into the district, turned to a good account. A return made in 1617, by Sir William Coke, &c., to a commission issued out of the Exchequer, to inquire concerning the Forest of Dean, states that “His Majesty, since the erecting the iron-works, had received a greater revenue than formerly.” Their structure is described in “The Booke of Survey of the Forest of Dean Ironwork,” dated 1635, from which it appears that the stone body of the furnace now adopted was usually about twenty-two feet square, the blast being kept up by a water-wheel not less than twenty-two feet in diameter, acting upon two pairs of bellows measuring eighteen feet by four, and kept in blast for several months together. Such structures existed at Cannope, Park End, Sowdley, and Lydbrook. Besides which, there were forges, comprising chafferies and fineries, at Park End, Whitecroft, Bradley, Sowdley, and Lydbrook. Messrs. Harris and Chaloner, &c., as farmers to the Crown, held all of them on lease.
The last justice seat in Eyre, or Supreme Court of Judicature for the royal forests, was held the same year as the above (1635) at Gloucester Castle before Henry Earl of Holland, on which occasion “the matter concerning the perambulation of this Forest was solemnly debated,” the counsel for the Crown producing the bounds thereof as settled by the 12th of Henry III. and 10th Edward I., with the view of obtaining its re-extension to Gloucester, Monmouth, and Chepstow. On the other hand, the counsel for the City of Gloucester, &c., brought forward the perambulations made 26th and 28th Edward I., confirmed by Letters Patent 29th Edward I., and by an Act of 10th Edward III. The Grand Jury, not being able to agree to their verdict on that day, which was a Saturday, desired further time in a matter of such weight; and on the Monday following decided, that the more extensive limits, comprising seventeen additional villages, were the true ones. But “their inhabitants being fearful that they would be questioned for many things done contrary to the Forest Laws, the King’s Counsel, in regard of their being but new brought in, and long usage, thought it not fitt to proceed with any of them at that justice seat.” Amongst some 120 claims to rights and privileges of various kinds preserved in the Office of Public Records, [27] and put in at the same Court, was one of Philip Earl of Pembroke to be Constable of the Castle of St. Briavel’s and Warden of the Forest, under a grant from the King, and, as such, Chief Judge of the Mine Law Court.
In a.d. 1637 a grant was made to Edward Terringham of “all the mines of coal and quarries of grindstone within the Forest of Dean, and in all places within the limits and perambulations thereof, as well those within his Majesty’s demesne lands, and the waste and soil there, as also all such as lay within the lands of any of his Majesty’s subjects within the perambulation of the said Forest, to his Majesty reserved, or lawfully belonging, to hold for thirty-one years, at the yearly rent of £30.”
The next year (1638) is marked by the first effort which the Crown seems to have made to renew the crops of timber in the Forest, rendered necessary by the report that, on surveying it, a supply of no more than 105,557 trees, containing 61,928 tons of timber, and 153,209 cords of wood, of which only 14,350 loads were fit for shipbuilding, was found, as “the trees were generally decayed, and passed their full groath.” Accordingly, under the direction of Sir Baynham Throckmorton, 16,000 or 17,000 acres were ordered to be taken in, “leaving fit and convenient highways in and through the same.” After sundry meetings, the commoners consented thereunto, few or none objecting, in consideration of 4000 acres set apart for their use on the different sides of the Forest, as follows:—On the side next Lydney and Awre, 550 acres; towards Ruerdean and Lydbrook, 350 acres; near to St. Briavel’s, 500 acres; towards Little Dean, Flaxley, Abenhall, and Mitcheldean, and the Lea, 876 acres; in Abbot’s Wood, 76 acres; on the side nearest to Newland and the villages of Breme, Clearwell, and Coleford, 900 acres; towards Newland, 174 acres; next to