FOREST ADMINISTRATION
EARLY HISTORY.
In the earliest reference to
the Forest of Dean as an administrative unit,
Domesday Book records that Edward the Confessor had exempted from tax the manor called Dean,
comprising land in the area of Mitcheldean, in
return for the service of custody of the Forest.
The lord of the manor, William son of Norman, (fn. 84) was the first of a family which was later
surnamed Forester and kept forests under the
Crown until the early 13th century. (fn. 85) The
Forest was thus in the late 11th century administered from an estate based on the valleys at its
eastern edge, and a significant role was perhaps
played by a Norman castle at Littledean, called
the old castle of Dean c. 1150 and well placed
to command the main approach from
Gloucester. (fn. 86) The later administrative centre,
St. Briavels by the Wye on the western edge,
was not a royal manor at Domesday and there
was no mention of its castle or the liberty later
centred on it. William I, who probably hunted
in Dean when his court was at Gloucester, (fn. 87)
enlarged the royal hunting grounds before 1086
by adding two manors near the Wye; some
decayed manors in the same area were left as
part of the Forest waste, probably by deliberate
policy. (fn. 88)
A grant by Henry I of the tithes of venison
from his forests of Dean and the Severn area c.
1105, addressed to his foresters, huntsmen, and
bowmen of the region, (fn. 89) reveals little of the
administrative arrangements then in place.
Hugh, the son of William son of Norman,
retained custody of the Forest in 1130, paying a
farm of £13 for it and forests in Herefordshire,
so it is likely that it was still administered from
the manor of Dean. St. Briavels castle had been
built by then but was in the custody of the
hereditary sheriff of Gloucestershire, Miles of
Gloucester, (fn. 90) and may have then been of military
significance only. In 1139 when Miles became one
of the principal supporters of the Empress Maud
she granted him St. Briavels castle and the Forest
of Dean in fee. (fn. 91) Miles, who was created earl of
Hereford in 1141 and died in 1143, and his son
Roger, earl of Hereford, held the Forest during
the wars of Stephen's reign. A grant made by
Miles was addressed to all his officers and foresters of Dean and one by Roger was addressed
to his sheriffs and all his foresters of Dean. Both
grants concerned forges, (fn. 92) a reminder that its
ironworking industry gave the Forest an additional value in wartime. Roger used part of the
Forest woodland and waste to found and endow
Flaxley abbey, reputedly sited on the spot where
his father met his death in a hunting accident, (fn. 93)
and the earls also held former royal demesne
manors at Newnham, Awre, Rodley, Minsterworth, and probably elsewhere in the region. In
1154 or 1155 Earl Roger released his rights in
the Forest and St. Briavels castle to Henry II. (fn. 94)
At Henry II's accession the area under forest
law probably comprised the royal demesne
woodland and the manors of St. Briavels hundred. Before 1228, however, the Forest was
enlarged to include all the Gloucestershire and
Herefordshire manors in an area bounded by the
rivers Severn and Wye and extending as far
north as Newent. As elsewhere in England, the
main motive for the enlargement was financial.
The wider bounds included substantial private
woodlands but in several, notably those in Tidenham and Woolaston belonging to the Marcher
lordship of Striguil (Chepstow), private chases
were sanctioned, (fn. 95) while others, such as Birdwood, in Churcham, and Kilcot, in Newent,
were too far distant from the main block of
woodland to add much to the preservation of
game. The hunting rights in Dean, though often
used by huntsmen with orders to supply the
royal household with venison or wild boar, were
apparently not often enjoyed by the monarchs
in person. Henry II hunted there on one or more
occasions. (fn. 96) King John, who was recorded at St.
Briavels castle on five occasions and for whom
the castle's royal apartments were probably constructed, appears to have been the most frequent
royal visitor. Henry III stayed at the castle on
five occasions, only one of them probably more
than a brief break in his joumeyings, and Edward 11 went there in 1321 for reasons connected
with threatening levies of men in the Marches
rather than for the hunting. (fn. 97) Edward III, who
stayed several times at Flaxley abbey before
1353, (fn. 98) was possibly the last monarch to enter
the royal demesne woodlands of Dean until the
20th century.
Between 1155 and 1166 the Forest was administered by royal appointees, paying an annual
farm of £10. No later record of its administrators
appears to survive until 1194; from then until
1206, William Marshal, earl of Pembroke, lord
of Striguil, and sheriff of Gloucestershire, held
it at the same farm. (fn. 99) St. Briavels castle, which
was recorded in possession of the Forest's custodians in 1160 and in 1198, (fn. 1) appears to have
been the administrative centre of the Forest
throughout the period. It certainly was so by
1207 when the custodian, or warden, was termed
constable of St. Briavels. (fn. 2)
FOREST OFFICERS AND COURTS.
By the
early 13th century, when its main elements
become clear, the administration of the Forest
was firmly centred on St. Briavels. The castle
was the headquarters of the chief officer of the
Forest, the warden and constable, who ex officio
held St. Briavels manor and the adjoining royal
manor of Newland and exercised the Crown's
rights in the tenanted manors that formed the
hundred or liberty of St. Briavels. A number of
small estates at St. Briavels were held as serjeanties
by foresters, and the manors of the liberty supported the foresters, or woodwards, of 10
bailiwicks in the demesne woodland. The term
'Forest of St. Briavels' was sometimed used during
the 13th and 14th centuries, apparently for the
demesne woodland alone rather than for the whole
area then subject to forest law. (fn. 3)
The head of Dean's administration was
styled both warden of the Forest of Dean and
constable of St. Briavels castle. The two offices
were regarded as separate, though it would be
difficult to distinguish which duties belonged
to which; for convenience the holders are
referred to in this account as constables of St.
Briavels. During the 13th and 14th centuries,
when they usually held during royal pleasure for
only a few years, the constables were great
magnates or royal administrators with other
wide responsibilities. (fn. 4) Among those who had
local connexions, John of Monmouth, lord of
Monmouth (fn. 5) and a number of Forest manors,
served from 1216 to 1224, and William de
Beauchamp, earl of Warwick, who was lord of
Lydney manor, (fn. 6) served in the early 1270s. William Hathaway, constable 1287-91, who was also
chief forester of Dean by tenure of an estate in
St. Briavels, (fn. 7) was unusual as an appointee from
the local gentry.
The constable, whose office was given an
enhanced military significance by the Forest's
role in supplying weapons and miners as sappers, was inevitably caught up in the struggles
between Crown and barons. John Giffard of
Brimpsfield, a leading adherent of Simon de
Montfort, was appointed in August 1263 and
retained the office after his return to the royal
cause; he and Gilbert de Clare, earl of
Gloucester, took refuge in the Forest with their
forces in the spring of 1265 when de Montfort
came to Gloucester. (fn. 8) The following year Henry
III placed St. Briavels castle and the Forest in the
charge of his son Edward. During the troubled
later years of Edward II's reign there were rapid
changes of custody, and local supporters of the
dissident barons secured the castle during the
fighting of 1321. (fn. 9) After Edward's success the
following year superior custody over St. Briavels
castle and the Forest was given to Hugh le Despenser the younger. In January 1327 castle and Forest
passed to Queen Isabella following her successful
invasion. Under Edward III the Forest's administration had more stability: Guy Brian, a
distinguished soldier, (fn. 10) was made constable for life
in 1341 and remained in office until his death in
1390.
The status of the holders of the constableship
during the 13th and 14th centuries meant that
most of the duties were performed by deputies whom they appointed. Some of the
deputies were local landowners. In the 1220s
the deputy was Hugh of Kinnersley, owner of
an estate near Coleford, (fn. 11) and Guy Brian's
deputies included John Joce and John Greyndour, owners of an important estate in
Newland parish. (fn. 12) By the mid 16th century the
constable was also supported by seven underforesters, one of whom was styled the constable's
bowbearer. (fn. 13) The constable apparently had
some of that staff of minor officials from 1350,
when Edward III had recently appointed four
foresters at wages, to be paid out of the issues
farmed by the constable. (fn. 14)
The early constables had wide responsibilities,
the office combining the roles of forester, manorial steward, military purveyor, justice, and
gaveller. A writ de intendendo addressed to all
foresters and verderers when a new constable
took office (fn. 15) emphasized that he was the principal forester of Dean with overall charge of its
vert and venison. The great majority of the
orders addressed to the constable required him
to arrange for royal gifts of timber and venison,
the former going mainly to religious houses and
other local landowners for building purposes, (fn. 16)
or to provide facilities for huntsmen sent down
to take deer or wild boar for the royal household. (fn. 17) The constable had also to regulate the
exercise of commoning rights in the Forest, (fn. 18)
and supervise the assarting of land and assess
the new rents to be paid. (fn. 19) In the administration
of the forest law he, or more usually his deputy,
presided with the verderers over the attachment
court (fn. 20) and provided executive support, in particular maintaining a prison in St. Briavels
castle. (fn. 21) Occasionally the castle was used to
house prisoners from outside the region, including some Scots in the reigns of Edward I and
Edward II. (fn. 22) The constable controlled the
Crown's mineral rights in the Forest, collecting
the king's share of ore from mines and regulating
or attempting to suppress, depending on current
policy, itinerant bloomery forges operating in
the woodland. In the early 13th century he
managed a large royal forge at St. Briavels (fn. 23) and
throughout that century supervised the manufacture of crossbow bolts, distributing them, and
sometimes other products such as horsehoes and
pickaxes, to royal armies and castle garrisons
throughout England and Wales. (fn. 24) He levied men
within the Forest for military duty, including
those with specialist mining skills. (fn. 25) In 1281 or
1282 the king required 100 tree fellers to join
the royal army in Wales. (fn. 26) Forest men were
apparently well thought of as ordinary footmen
and archers and large contingents were sometimes levied by the constable: in 1333, when 500
men were to be levied in Gloucestershire, 300
were to come from the Forest area. (fn. 27) The constable Guy Brian had Forest men under his
command in France in 1360. (fn. 28) Also in the
constable's direct management were the manors of St. Briavels and Newland with the
castle, demesnes, mills, and fishing weirs. For
the tenanted manors of St. Briavels hundred
he acted as receiver (fn. 29) and escheator. (fn. 30) He was
also chief judge of the hundred court held at the
castle. (fn. 31)
The bulk of the profits of Dean were included
in the constable's farm in the 13th and 14th
centuries, the main exceptions being the fines
and forfeitures imposed by the justices and the
proceeds of timber sales. The Forest estate was
increasing in value in the early 13th century, as
a result of rents levied for new assarts and
probably also a rise in the profits from mining.
In 1210 the farm paid by the constable remained
at £10 a year, (fn. 32) the same as it had been in the
1150s. By 1230 it had risen to £36 13s. 4d., (fn. 33) by
1255 to £140, (fn. 34) and by 1287 to £160. (fn. 35) About
1250 the profits collected by the constable were
valued at £153 a year: about a third was drawn
from the manors of St. Briavels and Newland
and the rents paid by the owners of the other
manors of the liberty, and about a third from
mining and ironworks, including a toll levied on
the shipping of sea coal from the Forest, royalties from the iron and coal mines, and rents paid
by forge-owners; about a sixth was provided by
the herbage and pannage payments of the commoners; and the remaining sixth was supplied
by the sale of windfall trees and by other profits
of the demesne woodlands. The great forge at
St. Briavels castle had formerly contributed
another £50 or so but it was declared to be
uneconomic and given up at about the time of
the valuation. (fn. 36) In the year 1279-80 the profits
farmed by the constable produced £170 and the
following year £143. (fn. 37) The profits of the Forest
had fallen by 1341 and were valued at just over
£117. The alienation from the royal estate of
certain assets, such as fishing weirs, was cited as
among the causes, but so was the large reduction
of the juridical Forest which was finally accepted
by the Crown in 1327, suggesting that there
were benefits for the constable in the form of
fees or other exactions which did not figure in the
accounts cited above. On Guy Brian's petition the
farm was reduced to £120 in 1341. (fn. 38) In 1349,
because of losses in the great plague, it was further
reduced to £70, (fn. 39) and from the following year,
to supplement the income that supplied it,
Brian was allowed to fell underwood on a regular
basis for charcoaling or other purposes. (fn. 40)
From the end of the 14th century there was a
change in the character of the office of constable.
The castle, manors, and general proWts of the
Forest once farmed by the holder (which are
referred to here as the St. Briavels castle estate)
were granted in fee by the Crown, and later,
having reverted to the Crown, were granted on
long leases. (fn. 41) The constableship was evidently
subsumed in a grant in fee of the St. Briavels
castle estate to John, later duke of Bedford, in
1399, but after his death in 1435 the office was
separated from the estate. (fn. 42) Constables were
appointed at an annual fee paid out of the estate (fn. 43)
and had the use of parts of St. Briavels castle for
keeping the courts and prison. (fn. 44) During the next
100 years men from local gentry families often
served, including John Ashurst, landowner in
English Bicknor, and members of the Baynham
and Hyett families. In 1546, however, the earls
of Pembroke began a long association with the
office, and from the mid 17th century, when the
constableship was usually held with the lease of
the St. Briavels castle estate, it was the preserve
of leading Gloucestershire magnates. (fn. 45) The constable continued to appoint a deputy constable,
mainly for holding the courts, (fn. 46) and his bowbearer and six under-foresters. The six were
later termed rangers or keepers (fn. 47) and had the
specific task of keeping the deer; (fn. 48) they took on
an enhanced role at a reorganization of the
Forest's administration in the 1670s. (fn. 49)
Under the constable's overall control a tier of
senior foresters administered ten divisions,
called bailiwicks or baileys, in the demesne
woodland; they were usually termed forestersin-fee in the Middle Ages, but to avoid confusion
with another group of foresters (fn. 50) they are referred to here as woodwards, which was their
usual style in the modern period. The woodwards held manors adjoining the demesne
woodland by the serjeanty of keeping a bailiwick
and paid a chief rent to St. Briavels castle. The
bailiwicks and bailiwick manors (listed in clockwise direction around the demesne) were
Ruardean, Lea, Mitcheldean, Abenhall, Littledean, Blaize (or Bleyths) which was held with
Blythes Court manor in Newnham, Blakeney,
Bearse which was held with an estate in Newland
and St. Briavels, Staunton, and English
Bicknor. (fn. 51) About 1245 all the bailiwicks were
said to be held by ancient tenure, (fn. 52) and some
were apparently in existence by the mid 12th
century. Before 1155 Roger, earl of Hereford,
confirmed to William of Dean an office in the
Forest which William had enjoyed under Earl
Miles and which owed a rent of 20s. and military
service within Gloucestershire, Herefordshire,
and Worcestershire. Later William's successors
as lords of Mitcheldean manor paid the 20s. rent
to the constable, kept Mitcheldean bailiwick
with two under-foresters, and owed military
service to the Crown, and in 1319 the earl's
charter was produced as evidence for the tenure
of Mitcheldean manor. (fn. 53) The lords of Abenhall
held on very similar terms in the late 13th
century - 20s. rent, custody of Abenhall bailiwick with two under-foresters, and military
service within the bounds of the Forest (fn. 54) -and
it is likely that their bailiwick, too, was in
existence under the earls of Hereford. In 1199
six of the ten bailiwicks, those of Ruardean, Lea,
Mitcheldean, Blakeney, Staunton, and Bicknor,
were recorded; (fn. 55) Abenhall, Blaize, and apparently Bearse, were recorded in the early 1220s, (fn. 56)
and Littledean, evidently an offshoot of
Mitcheldean bailiwick, was possibly a separate
bailiwick by 1250 (fn. 57) and certainly was by 1282. (fn. 58)
The woodwards seem to have had a general
advisory and supporting role in the constable's
administration of the whole Forest. For their
individual bailiwicks they presented offenders
against the vert at the attachment court (fn. 59) and
kept rolls of attachments for offences against the
vert and venison to present, with other foresters
and the verderers, before the justices-in-eyre. (fn. 60)
At the forest eyre of 1634 each woodward produced a hatchet as the symbol of his office, (fn. 61) so
their duties probably included marking timber
trees that were ordered to be felled in the
bailiwick. The direct personal duty of the Staunton woodward, recorded in 1342, of carrying the
king's bow when he came to hunt in the bailiwick (fn. 62) was presumably common to all, though
few holders can ever have performed it. For only
Mitcheldean and Abenhall is the obligation of
military service recorded. All the woodwards
had to maintain under-foresters, two each in the
larger bailiwicks like Abenhall and Blakeney and
one in the smaller ones like Blaize. Those in
Abenhall were bowmen, patrolling on foot, in
1301 (fn. 63) and that was presumably the case with
all. On appointment under-foresters had to make
an oath before the attachment court. (fn. 64) The
woodwards' deputies of the early modern period
were evidently their successors. (fn. 65)
The woodwards claimed various privileges
within their bailiwicks by right of office. Claims
common to all included rights of pannage, herbage, and estovers for themselves and their
tenants, and in 1282 all claimed to keep unlawed
dogs and some to course for small game. (fn. 66) In the
early 13th century six or more of the woodwards
had the right to operate itinerant forges in the
woodland and were exempted from general prohibitions of forges that the Crown attempted to
enforce. (fn. 67) Claims to take wood probably originated in connexion with their ironmaking
operations. In 1223 they had the right to freshly
broken wood, (fn. 68) presumably the windfallen trees
which they all claimed later; in 1565 it was
explained that the claim extended only to those
trees whose trunk was snapped by the wind, in
distinction to those blown over and uprooted,
which were the perquisite of the constable. (fn. 69) In
1234 a claim made by the woodward of Staunton
established that all had the right to the loppings
of oaks granted as gifts by the Crown, (fn. 70) and c.
1282 several claimed an oak trunk at Christmas.
Other claims advanced by various woodwards c.
1282 and evidently not uniform throughout the
bailiwicks included eyries of hawks and falcons,
honey, and nuts, and the woodwards of Blakeney
and Abenhall made the more ambitious claim,
possibly never secured in full, to iron ore and
sea coal in their bailiwicks. (fn. 71) In 1634 when the
woodwards entered their claims of privileges
before the forest eyre there was still considerable
diversity: windfalls were claimed by almost all,
but only three claimed the trunk at Christmas,
five claimed the bark from trees felled as gifts,
and four claimed eyries. Only Blakeney then
claimed ore and coal. (fn. 72)
The differing privileges and terms of tenure
suggest that the pattern of bailiwicks was not
devised as a coherent scheme at one date, and
the boundaries of the bailiwicks as described in
a Forest regard of 1282 (fn. 73) (in so far as the
landmarks are now identifiable) suggest that
they were always of disparate size. By 1282,
however, the pattern had already been much
obscured by assarting. Staunton bailiwick was
by then divided from its parent manor by the
south part of Coleford tithing in Newland, but
that part seems formerly to have been within the
bailiwick to judge from rights in it later claimed
and chief rents from it received by the lords of
Staunton. (fn. 74) Blaize had lost a large part of its area
by the Crown's grant in 1258 of what was later
called Abbots wood to Flaxley abbey. (fn. 75) Much of
Bearse had been lost to Newland and St. Briavels
parishes and by further depletions in the earlier
14th century it was left as scattered parcels. (fn. 76)
In 1250 for various misdemeanours by the
woodwards six of the bailiwicks were forfeited
to the Crown. (fn. 77) Lea (fn. 78) and Staunton were returned to the owners of the manors later in the
century, but Mitcheldean and Littledean remained divorced from their parent manors in
1319, as did Ruardean in 1385 and Blakeney
until the early 16th century. (fn. 79) By the mid 16th
century all ten bailiwicks were once more held
with their manors and they remained with
them for as long as the office of woodward
continued to be officially recorded. In the early
modern period there were usually no more
than seven woodwards in all, as some of the
bailiwick manors were in joint ownerships,
and in the 18th century Littledean bailiwick,
which had become known as Badcocks Bailey,
ceased to be separately distinguished. (fn. 80) Their
duties having become nominal, the woodwards
figured in the late records of the administration of Dean mainly in connexion with claims
to perquisites.
Another group of foresters were usually called
serjeants-in-fee in the Middle Ages but later
foresters-in-fee. Unlike the woodwards, they
performed the duty of protecting the venison
and vert and attaching offenders throughout the
Forest woodlands. (fn. 81) They were headed by a
chief serjeant, also called the chief forester, who
held a small manor in St. Briavels by his service
and enjoyed valuable privileges, including an
allowance of venison. He performed his duties
on horseback, whereas the other serjeants went
on foot, and he appointed an under-forester,
known as the bowbearer. There were as many
as 11 other serjeants-in-fee during the 13th
century, and five or more of them held small
estates in St. Briavels by the service. (fn. 82) They
presented hunting-horns as their symbols of
office at the forest eyre of 1634, (fn. 83) and a horn and
a short sword are among the accoutrements
shown on the effigy of the serjeant John Wyrall
(d. 1457) at Newland church. (fn. 84) By the early
modern period the office of the ordinary serjeants-in-fee appears to have become purely
hereditary, with only the chief forestership, held
for many centuries by the owners of the Clearwell estate, still served in right of its St. Briavels
estate. (fn. 85) The chief forester and eight serjeants
continued to be listed on the swanimote rolls
until the late 18th century, (fn. 86) but the office was
probably purely nominal by the mid 17th.
An officer called the riding forester or rider
was recorded from 1282 and two rangers from
1390. The three officers were salaried and were
directly appointed by the Crown. (fn. 87) All three
officers apparently had the power of making
attachments throughout the Forest, but in 1565
the rangers were said to have particular responsibility for policing the 'lands', the Forest
glades. (fn. 88) In 1634 the rangers were required to
appear at the eyre with bags of hogrings, presumably symbolic of an ancient duty of
regulating pannage. (fn. 89) By the early 16th century
the rangerships were held with posts in the royal
household and had presumably become sinecures. (fn. 90) The offices of rider and rangers have not
been found mentioned after 1673. (fn. 91) Two minor
offices in existence by the mid 16th century were
a bailiff at large and a beadle. (fn. 92)
Dean's verderers were recorded from the
early 13th century. During the Middle Ages
there appear to have been four or five of
them, (fn. 93) but three was the usual complement in
the 16th and 17th centuries, (fn. 94) and there were
consistently four from the early 18th. (fn. 95) As in
other forests the office was an appointment for
life, made by royal writ, under the authority of
the county sheriff. (fn. 96) In the 13th century the
verderers acted as coroners for St. Briavels
hundred, (fn. 97) and they were also distinguished
from the other foresters by their duty of presiding over the attachment court; (fn. 98) otherwise they
shared in the foresters' functions of supervising
assarts, (fn. 99) selecting timber for royal gifts, (fn. 1) and
presenting offenders at the eyre. (fn. 2) Their perquisites, as claimed in 1634, were the taking
annually of two does and one oak and one beech. (fn. 3)
Dean had the usual body of 12 regarders, appointed before the eyre and responsible for
enquiring into and reporting at the eyre encroachments and other invasions of royal rights
under a series of heads, such as forges, assarts,
and waste of private woods. (fn. 4)
The forest eyre, usually referred to in the early
modern period as the justice seat, was held in
Dean at regular intervals in the late 12th century
and the 13th. (fn. 5) Records of the proceedings survive for 1258, 1270, and 1282, (fn. 6) and for the last
eyre there is also the roll of the regard, drawn
up by the regarders for the coming of the
justices. (fn. 7) The session of 1282 was possibly the
last time until 1634 that the full apparatus of the
forest eyre, including not only the determination
of vert and venison offences but also the enrolment and punishment of offences brought to
light by the regard and a general inquiry into the
privileges and conduct of the forest officers, was
invoked in Dean. (fn. 8) In the early 15th century,
however, justices of the forest occasionally visited Dean to punish offenders. (fn. 9)
As in other royal forests, an attachment court,
in Dean in the early modern period usually
called the 'speech court', (fn. 10) was held for taking
cognizance of offences against the vert. (fn. 11) Records
of its proceedings survive for 1335-41, (fn. 12) 1566,
and 1568, (fn. 13) and estreats for most years in the
period 1601-25. (fn. 14) It met about every six weeks
- the customary interval was 40 days - and
was presided over by the deputy constable and
the verderers. By the 1330s some sessions at least
were held in a courthouse on or near the site of
the later Speech House at Kensley, in the centre
of the royal demesne woodland. Most attachments recorded at the period had been made by
the woodwards within their respective bailiwicks; occasionally they had been made by the
serjeants-in-fee or other foresters. Most of the
offenders were taken to St. Briavels castle, presumably there to be bailed against the coming
of the justices, but in some cases the woodwards
who had attached them were charged with producing them. No fines are mentioned as levied
by the court, and all offences were presumably
then reserved for punishment by the justices.
The court at that period aimed to account for all
timber taken from the forest for whatever reason: apart from trees stolen, it recorded those
delivered by custom to the miners for shoring
their workings, those taken for building work or
other needs of the Crown, and those granted to
neighbouring religious houses or other landowners. (fn. 15)
By the 1430s the attachment court was apparently imposing small fines for at least some
offences, for profits of the court amounting to c.
£9-13 a year were then recorded among the
profits of the Forest received by the duke of
Bedford and his successors. (fn. 16) By the 1560s, when
Forest eyres and presumably also visits of justices had long since lapsed, the attachment court
had begun to impose a fixed scale of fines for
offences, the standard items being 6d. for hewing timber with a bill, 12d. for felling with an
axe, 6d. for being caught with a packhorse load
of timber, and 2s. for being caught with a wagon
load. (fn. 17) Later, with growing concern about illegal
destruction of the woodland, higher fines were
imposed. In 1601 and 1602 felling an oak or even
destroying underwood could incur 5s. and cart
ing timber away 20s. (fn. 18) By the 1620s there was a
scale based on the size of a stolen tree in terms
of 'loads' of timber: for example an oak measured at three loads might incur a fine of 30s. (fn. 19)
In the first decade of the 17th century the total
of the fines levied by the court, by then paid
directly to the royal Exchequer, averaged c. £20
a year. (fn. 20)
The term 'swanimote', which in forests in
general originally denoted seasonal gatherings
for regulating pannage and other commoning
rights, (fn. 21) was sometimes used in Dean as a term
for the attachment court. At the forest eyre of
1282 an under-forester of one of the bailiwicks
was said to have made his oath of office before
the deputy constable and verderers in the
'swanimote', an event which in 1622 was said to
happen at the speech (i.e. attachment) court by
ancient custom, and the justices also complained
in 1282 that the pleas of vert had been insufficiently presented in the 'swanimote'. (fn. 22) In
1565 there was an unequivocal reference to the
'speech court alias the swanimote'. (fn. 23) In the 17th
century, however, the term swanimote was used
for gatherings which were distinct from the
attachment court and had a wider range of
responsibility. In 1634 and 1656 swanimotes
were held to record presentments under the
articles of the regard in preparation for the forest
eyres of those years, (fn. 24) and a swanimote held
before the verderers at Littledean in 1637 was
attended by all the forest officers, including
regarders, and four men and a reeve from each
township in the Forest bounds. (fn. 25) In the late
1670s and 1680s the swanimote was held once
or twice a year before the verderers and attended
by the officers and the township representatives,
to record presentments concerning the vert,
venison, and encroachment, (fn. 26) but it may have
only recently been given an enhanced role in
support of the new government policy of managing the Forest as a nursery of timber. The use
earlier of the term swanimote for the attachment
court, taken with the character of the 17th-century swanimotes, may indicate that there were in
the Middle Ages one or two special sessions each
year of the attachment court, attended by all the
Forest officers and the township representatives
and dealing with a wider range of matters than
the vert.
Courts held in the Forest for purposes other than
the administration of the forest law - the hundred
court and leet for St. Briavels hundred (fn. 27) and the
mine law court - are described elsewhere. (fn. 28)
COMMONING TO THE EARLY 17TH CENTURY.
A central strand in the Forest's
history and often a cause of dispute and
violent confrontation was the exercise of
commoning rights in the demesne woodland
and waste. Up to the early 17th century, with
beeches equal in number to oaks among the
great trees of the Forest, it was the feeding of
pigs on the mast in autumn which was of most
importance. The pannage in Dean yielded £3
6s. 1d. for the Crown in the year 1184-5 (fn. 29) and
£24 for the four years ending in 1194. (fn. 30) About
1250 the receipts from pannage averaged £20
a year compared to £5 from the herbage of
cattle. (fn. 31) Rights of estovers enjoyed in the
woodlands by the local inhabitants were recorded from 1223. (fn. 32)
Dues for the exercise of the rights were paid
to the constable and later to the St. Briavels
castle estate. By the early 15th century they
took the form of fixed collective payments of
a few shillings a year by each parish or tithing.
In 1435 the total owed was £5 8s. 1d., (fn. 33) in 1591
it was c. £7, (fn. 34) and in 1746 £5 11s. 9d. (fn. 35) In the
early 17th century, with pigs presumably
still preponderating, the levy was termed
swine silver, (fn. 36) but later it was called herbage
money. Some places were exempt from the
payment, including the royal manor of St.
Briavels and, perhaps as a result of being
granted to religious houses in the Middle
Ages, Flaxley and Hewelsfield. (fn. 37) The regulation of commoning, which included keeping a
pound and driving the Forest to check on
those pasturing illegally and at prohibited
seasons, passed from the constable to the
lessee of the St. Briavels castle estate, and in
the 16th century and early 17th the court leet
for St. Briavels hundred, from which the
lessee received the profits, heard presentments
of and levied fines for commoning offences. (fn. 38)
The eyre of 1634, which in its meticulous observance of procedure attempted to account for
all the customary offices of a royal forest, decided that Sir Richard Catchmay, who was then
under-tenant of part of the estate including the
herbage money, was in effect agister for Dean. (fn. 39)
In the mid 17th century Whitemead park, long
held by the constable and lessees, was claimed
to have originated as the pound for the Forest, (fn. 40)
and in 1835 the gaoler of the castle prison was
said to be responsible for impounding stray
animals in St. Briavels park, another part of the
lessees' estate. (fn. 41) After the 1670s the responsibility for driving and impounding was assumed by
the keepers of the six walks then established, but
the herbage money continued to be paid to the
lessee of the castle estate. (fn. 42)
In the 13th century all freeholders within the
wider bounds of the Forest then in force enjoyed
the common rights; (fn. 43) later, exercise of the rights
became restricted to places immediately adjoining the demesne woodlands, though still
including some places which were removed from
the Forest by the perambulation of 1300. From
the mid 16th century the general body of commoners, with the backing of the lessee of the St.
Briavels castle estate, objected to tenants of the
duchy of Lancaster manors of Minsterworth,
Tibberton, and Bulley exercising rights; their
animals were impounded by officers of the lessee
and fines were imposed in the hundred leet. The
men of Bulley were excluded in the 1540s, but
those of Minsterworth and Tibberton clung
obstinately to their claim and later made armed
incursions into the Forest to enforce it. On one
occasion they established themselves and their
pigs in a fenced encampment in the woods and
were attacked by a large mob from the other
parishes. A suit in 1592 secured a decree provisonally excluding the men of the two parishes,
but leaving it open to them to prove their title. (fn. 44)
Minsterworth resumed the claim on the grounds
that the parish lay within the Forest bounds but
its opponents countered with some blatantly
manipulated evidence as to the Forest perambulation of 1300. The premise was faulty, for if the
Forest bounds were to be the criterion many of
Minsterworth's opponents, such as those from
Lydney, Blaisdon, and Longhope, would also be
excluded. In 1597, however, Minsterworth was
judged to lie outside the Forest and its exclusion
from commoning confirmed. (fn. 45) In 1612 the places
claiming rights were all the villages and hamlets
in the 14 parishes of St. Briavels and Bledisloe
hundreds, together with Blaisdon, Longhope,
Ruddle and other parts of Newnham, Rodley in
Westbury, and, in Herefordshire, Hope Mansell, Weston-under-Penyard, and Huntsham. (fn. 46)
Rodley's right, though it had been confirmed
by the Crown in 1256, (fn. 47) was annulled in
1667. (fn. 48)
One of the earliest statements of the nature of
the rights was incorporated in a decree of 1628
following a full inquiry. The rights were stated
as herbage for cattle, with the restrictions usual
in royal forests of a 'winter haining' (11 November to 23 April) and a 'fence month' when the
deer were fawning (four weeks at Midsummer),
pannage of pigs at the time of mast, pasture for
sheep in the non-wooded parts of the Forest, and
estovers, comprising firebote of dead wood and
housebote to be taken on application to the
attachment court and under supervision of the
officers; ploughbote and cartbote were also accepted by the Crown as de facto rights. Also
enunciated was the rule that the rights belonged
only to ancient messuages in the parishes and
could not be claimed for new-built ones. No
mention was made of a stint (fn. 49) and none was
apparently ever enforced. At the justice seat of
1634 claims made by individual tenants were
similar, though vitally they did not specify
sheep, only cattle (under the vague term averia)
and pigs. (fn. 50) The claims of 1634 proved more
significant than the decree of 1628, for rights that
could be shown to be enjoyed in 1634 were
guaranteed under an Act of 1668, which also
precluded the acquisition later of a prescriptive
right. (fn. 51) That evidence was cited by the authorities in the modern period, when large numbers
of sheep were run in the Forest, often by people
who did not hold ancient messuages in the
parochial lands. (fn. 52)
ADMINISTRATION AND WOODLAND MANAGEMENT TO 1603.
The early medieval administration of Dean, as of other large
royal forests, was cumbersome, inefficient, and
tardy. The large body of foresters, often with
overlapping duties, was difficult to supervise
because of the size and nature of the terrain.
There was much scope for corruption and embezzlement, which could sometimes be carried
on under the cloak of the officers' customary and
ill-defined privileges. Even the territory in which
the forest law was to be enforced was never clear:
the wide area of the 13th-century Forest had
privileged enclaves, such as Tidenham chase,
whose status was not clearly understood. (fn. 53) Special privileges granted to Gloucester abbey and
to the bishop of Hereford in repect of woods
within the perambulation (fn. 54) were probably a
further cause of confusion. The evidence for
Dean in the 13th century supports the general
picture of the royal forest system as one of the
least satisfactory and least successful parts of the
medieval administration of England. Underlying
the whole forest system were serious inconsistencies of policy, while the complex apparatus of
petty restrictions brought only a modest financial profit at the same time as causing tension
between the Crown and many of its subjects. (fn. 55)
Fines levied in 1199 by King John on most of
the woodwards of bailiwicks may merely exemplify the policy of arbitrary exactions of that
reign, (fn. 56) but a major purge of officers under
Henry III in 1250, when five woodwards and
eight serjeants-in-fee forfeited their offices, (fn. 57)
suggests a deep-seated malaise. Ralph of Abenhall, one of the manorial lords still in charge of
his Forest bailiwick, was accused of a catalogue
of offences in 1282, and the eyre of that year also
noted the serjeants' practice of taking bribes for
ignoring illegal charcoal pits. (fn. 58) Successive deputy constables, left in charge of the Forest by
their superiors, were reported in 1270 to have
permitted numerous abuses; Robert le Waleys,
who was in office c. 1260, was said to have taken
bribes for appointing corrupt officials and ignoring waste of private woodlands. (fn. 59) The verderers,
who were expected to be less open to corruption
than the officers by tenure, had abused their
position, removing from their rolls of offenders
the names of the living and substituting the
names of the dead. (fn. 60)
The eyre of 1282 (fn. 61) revealed the geographical
difficulties of checking depredations in the Forest: the two navigable rivers which provided
much of its boundary aided the speedy carriage
of venison and stolen timber away and into other
jurisdictions. Venison had found its way to many
aristocratic and monastic households beyond the
two rivers, and much was taken to Bristol, whose
citizens had secured in their charter of 1252 the
franchise that none of them could be indicted
on account of venison found within the city
walls. (fn. 62) Owners of river craft, based at landing
places on the Severn in Lydney, Aylburton, and
Awre, carried on a regular traffic in stolen
timber, mainly to Bristol. Lydney and Aylburton men also figured in notable numbers among
offenders in general, reflecting the fact that those
places contained one of the largest areas of
private woodland outside the Forest demesne.
The total number of offences showed a considerable increase through the three eyres for which
records survive, the venison offences rising from
43 in 1258 to 59 in 1270 and 120 in 1282. Modest
fines, averaging under 2s., were imposed for the
much more numerous vert offences, while venison
offences commonly incurred as much as 40s. (fn. 63)
The potential for mineral extraction and ironworking in Dean was the chief cause of
inconsistency in the Crown's policy. Long-term
preservation of the woodland constantly gave
way before the lure of short-term profit from
industry. Measures in the early 13th century to
restrict ironworking to a few licensed forges
were probably not successful, but preservation
was still ostensibly the priority in the 1250s
when the king's own 'great forge' at St. Briavels
was given up, on the ground that it consumed
wood of a greater value than the profit it produced. (fn. 64) By 1282, however, when as many as 60
itinerant forges were working in the Forest,
efforts to restrict ironworking were apparently
little more than for form's sake and the fines
levied in effect a licensing system. At the same
date as many as 2,685 charcoal pits were enumerated in the demesne woodland. (fn. 65)
The few records of the Forest and the working
of its administration between the mid 14th
century and the mid 16th include mention of
two disturbances among inhabitants of the area.
In 1356 members of the Gainer family of St.
Briavels and Aylburton, having refused service
as mounted archers in the North of England, led
an armed band in the Forest, committing depredations against the vert and venison and
attacking and intimidating officers. (fn. 66) In 1375 the
arrest was ordered of another group of men,
some of whom were known by pseudonyms. (fn. 67)
Whether those disturbances arose from discontent with the irksome forest laws and with the
local administration or had more transitory origins is not apparent. Certainly a strain of
lawlessness was evident among inhabitants of
parishes of the Forest area centuries before it
was noted as characteristic of those of them who
settled as squatters on the demesne itself. It
manifested itself in a complaint of 1429 that
shipping on the Severn was being raided when
passing the Forest (fn. 68) and in the violence associated with commoning disputes from the 16th
century onwards. As regards the forest law,
much potential for trouble had been removed
and the task of administering the Forest simplified by the new peramulation made in 1300 and
finally accepted by the Crown in 1327. The
exclusion of the private chases from the Forest
was confirmed and most of the other large
private woodlands, in Lydney, Newent, Churcham, Longhope, and elsewhere, were taken
out. Also in the early 14th century the Crown
authorized substantial sales of outlying areas of
the demesne woodland, (fn. 69) leaving the demesne
more compact and easier to police; pressure on
its bounds by illegal encroachment was presumably also much reduced by the general slump in
arable farming of the period and by the great
plague of 1349.
The administration of Dean begins to emerge
clearly again in the mid 16th century, when the
Crown was seeking to profit more systematically
from its woodland and imposing by statute a
national policy for the preservation of woodland. (fn. 70) By the beginning of Elizabeth I's reign
eight coppices on the fringes of the demesne
woodland were cut and inclosed on a regular
cycle and the underwood and thinnings from
them were sold to local ironworkers for making
charcoal. The largest coppice was the Chestnuts,
near Littledean, and the others were in the
Bradley hill area west of Soudley brook and at
Kidnalls above Lydney. (fn. 71) There were also more
regular sales of timber trees for building and
other purposes, but no consistent policy had
apparently been evolved for Dean, and it has
been estimated that the sales of timber and
coppice wood from the Forest never produced
more than c. £100 a year during the 16th
century. There is no evidence that any timber
was taken by the government for naval shipbuilding at that period. (fn. 72) The whole demesne
woodland came within the terms of an Act of
1559 which prohibited felling of timber trees for
ironworking within 14 miles of the Severn or
Wye (fn. 73) and its future potential for naval use was
no doubt recognized. A story that the Spanish
Armada had orders to burn the Forest, as a lethal
blow to English sea-power, appears, however, to
be an invention of the mid 17th century. (fn. 74)
In 1565 when Roger Taverner, deputy surveyor general of woods south of the Trent,
visited Dean as part of a survey of the royal
forests (fn. 75) he found much to criticize in the way
it was managed under the local officers. Most of
the great oaks and beeches, which were the staple
of the Forest, were 'shred' of their branches to
supply the iron industry. Taverner's exasperation led to exaggerated claims: he said that on
the borders of the woods there was as much oak
timber cut and stacked as there was standing and
no branch was to be seen on oak or beech as
thick as the arm of a two-year old child. He
concluded that the spoil was encouraged partly
by a system of fees paid by charcoal burners:
from each charcoal pit worked for up to six
weeks, the lessee of the St. Briavels castle estate
took 5s., the constable 20d., the woodward of the
local bailiwick 18d., and the chief forester and
rider 10d. each. The protection of the vert under
forest law was undermined also by the officers'
practice of making private agreements with
offenders to release them from attachment at
fines of as little as 1d. or 2d., whereas the scale
of fines imposed by the attachment court ranged
from 6d. to 2s. (fn. 76) Rolls of the attachment court
for the late 1560s which survived in the Exchequer were perhaps sent there so that government
officials could check on the court's effectiveness. (fn. 77)
Taverner's criticisms were levelled in particular at the lessee of the St. Briavels estate, William
Guise of Elmore, who, apparently by virtue of
his lease, was in charge of the sales of the coppice
wood to ironworkers. Guise had failed to enforce
a statutory requirement of 1543 to leave in
coppices 12 timber trees to the acre, and had not
ensured that the coppices were inclosed, after
cutting, to protect new growth from the commoners' animals. (fn. 78) In an attempt to remedy the
situation Taverner obtained a lease of the estate
for himself in 1571 but he failed to oust Guise,
who at his death in 1574 was succeeded by his
son John. (fn. 79) Taverner did, however, cause a
massive fine of £1,300 to be imposed on Guise,
who had paid off a small part by the time of his
death. (fn. 80) The lessee's role in woodland management was probably ended in 1583 when a
renewal of the lease, though still granting 'the
whole Forest of Dean', contained a clause reserving all great trees and underwood. (fn. 81)
As further evidence of central government's
concern, in 1600 the chief justice of the forests
south of Trent, prompted by reports of the
building of new ironworks and water mills,
ordered an inquiry into encroachments. The
voracious blast furnaces, including some built
right at the borders of the demesne woodland at
Lydbrook and Lydney, were beginning to have
an impact on the Forest. (fn. 82)
EXPLOITATION OF THE FOREST 1603-68.
Under the first two Stuart kings the Forest
of Dean was managed for short-term monetary
benefit with little care for preserving the future
value of its woodlands. The Crown's main opportunity for raising revenue was provided by
the needs of the ironmasters. The wood required
to make charcoal for the blast furnaces, comprising coppice wood or the lops and tops of felled
timber trees, was estimated for and supplied in
standard stacks called cords, 8 ft. 4 in. in length
and 4 ft. 3 in. in both width and height; (fn. 83) in 1611
it was calculated that 1 a. of coppice produced
80 cords. (fn. 84)
Licensed exploitation of the demesne woods
began in 1611 when Sir Edward Winter, owner
of ironworks at Lydney, was given a five-year
lease of the 331 a. of the old coppices in the
Bradley hill area; for the sum of £800, he was
given a free hand to work them, the statutory
obligations to reinclose and preserve timber trees
being waived. (fn. 85) In 1612 a policy began of leasing
the right to ironworks on the royal demesne,
usually known as the king's ironworks, together
with an allowance of cordwood. William Herbert, earl of Pembroke, who was both constable
and lessee of the St. Briavels castle estate, was
empowered to build ironworks and take 12,000
cords a year at a price of 4s. a cord. (fn. 86) In that case
the statutes for preserving timber were to be
enforced, and commissioners were appointed to
supervise the cutting and delivery of the cordwood and the inclosure of the areas cut.
Irregularities in the commissioners' execution of
their task soon became evident, however: in 1614
they were found to have failed to prevent, or
connived at, the felling of large timber trees, the
embezzlement of wood by the making up of
irregularly-sized cords, the sale of wood to coopers, trencher makers, and carpenters, and the
invasion of the woodlands by squatters. Abuses
in the exercise of the cordwood concessions
continued under successive lessees of the king's
ironworks (fn. 87) during the next 30 years. The lessees' allowance was usually restricted to
12-14,000 cords a year, (fn. 88) but in the 1620s and
1630s other rights were granted, including in
1627 wood to the value of £1,500 a year to a
cooper for barrel staves, (fn. 89) and there were additional sales of cordwood to Sir John Winter of
Lydney and other private ironmasters. (fn. 90) The
Crown also profited from the regular sales of oak
bark to tanners of neighbouring parishes (fn. 91) and
to bark merchants exporting to Ireland and
elsewhere. In 1630 John Duncombe had a grant
of all the bark from the oak cut under the current
cordwood concession. (fn. 92)
The first evidence found of the use of Dean's
oak for the royal navy was in 1617, (fn. 93) and
throughout the period all timber suitable for
shipbuilding was, in theory, safeguarded and
reserved in the grants to ironmasters and others.
In 1628 the woodland of Lea Bailey in the
north-east of the Forest was ordered to be
excluded from the operation of all grants. (fn. 94) In
the 1630s the government became more purposeful in its attempts to preserve timber for the
navy's use: in 1633 a deputy surveyor for Dean,
directly responsible to the surveyor of Crown
woods, was appointed, (fn. 95) and the new officer,
John Broughton, made a detailed survey of the
surviving timber, finding the 1,000 a. of Lea
Bailey at least relatively unscathed and stocked
with excellent oak for shipbuilding. (fn. 96) In practice, however, the safeguarding of navy timber
was imperfectly achieved during the period, for
many people - the ironmasters with their woodcutters and charcoal burners, the cordwood
commissioners, and the patentees, besides the
commoners and free miners - then had access to
the demesne woodlands and could do damage.
In the 1620s Charles I made grants of parts
of the demesne woodland, totalling almost
3,000 a., to raise funds and reward courtiers.
The Chestnuts was leased for 21 years in 1624,
Kidnalls and an adjoining wood called the
Snead for three lives in 1626, and the Bradley
hill coppices for 41 years from 1629. Outlying
pieces of waste at Staunton were sold in 1629. (fn. 97)
More significantly, the large Mailscot wood
adjoining English Bicknor was given at a nominal fee-farm rent to Sir Edward Villiers in 1625 (fn. 98)
and another large freehold was created in the
centre of the demesne at Cannop. A lease of
1,070 a. at Cannop made c. 1628 to John Gibbons, secretary to the Lord Treasurer, was sold
by him to Sir Robert Banastre, who secured a
grant in fee and left it to his grandson Banastre
Maynard. (fn. 99)
The activities of the ironmasters and patentees
under their grants inevitably brought them into
conflict with the many local inhabitants who
claimed common pasture and estovers and the
right, as free miners, to open mines throughout
the demesne woodlands and take timber for
shoring them. The earl of Pembroke's grant in
1612 and his heavy-handed exercise of it, which
included securing an injunction against the miners to enforce an unrestricted right to minerals
from the royal demesne, (fn. 1) provoked both legal
action by representatives of the commoners (fn. 2) and
riots and the firing of the woods. (fn. 3) In the 1620s,
when in aid of the inclosure of coppices for
cordwood the Forest officers attempted a stricter
regulation of commoning, opposition was led by
two local landowners, Sir John Winter and
Benedict Hall of Highmeadow. With such
influential support the commoners secured an
authoritative statement of their rights and the
concession that due notice would be given before
the Forest was driven to check on illegal pasturing. They were, however, forced to agree that
the estates of the patentees were closed to their
animals, (fn. 4) and a few years later the most serious
outbreak of rioting in the period was directed
against one of those estates when Barbara, Lady
Villiers, widow of the grantee of 1625, began the
inclosure of Mailscot wood. On Lady Day 1631
about 500 men, armed and with drums and
colours, destroyed the new mounds and ditches
and attacked the house of one of Lady Villiers's
agents, and shortly afterwards there was an even
larger riotous assembly. Later in the year 86
rioters were indicted. The dissidents were from
the parishes in the north and west of the Forest
and some gentry and clergy were accused of
involvement, but the outbreak was given a more
than local significance by the leadership of John
Williams, alias 'Skimmington', who had been
involved in anti-inclosure riots in two other
royal forests, Gillingham (Dors.) and Braydon
(Wilts.). Williams was arrested early in 1632,
and two men who had helped to capture him
were attacked by a mob at Newland church later
in the year. (fn. 5)
The first two Stuart kings also re-interpreted
and exploited the Crown's ancient rights. Early
in his reign James I declared much of what was
presumed to be established freehold in the Forest's parishes to be illegal assarts, the holders
being treated as untitled occupants until they
had compounded with the Crown at substantial
sums. Some owners paid for their lands in
1609 and others settled with patentees who
received grants from the Crown of large tracts
of the land in 1618 and 1619. Altogether
£5,492 was levied for a total of 10,758 a., much
of it in the parishes of Newland, St. Briavels,
and English Bicknor, where among other landlords
the Halls compounded for c. 800 a. and the Wyralls
for c. 550 a. (fn. 6)
In 1634 Charles I, when reviving the ancient
prerogatives of the Crown, convened a forest eyre
(or justice seat) for Dean, which in its rigorous
examination of rights and detailed cataloguing of
offences set the pattern for a series of such eyres
for the royal forests. On patently flimsy evidence
Sir John Finch, the Crown's chief counsel at the
eyre, succeeded in returning to the forest law
the many parishes which had been excluded by
the perambulation of 1300, confirmed in 1327,
but it was decided not to proceed against offenders in those parishes. In the reduced bounds,
however, a total of c. £130,000 in fines was
imposed for encroachments, waste of woods, and
other offences against the vert and venison. Many
offenders incurred only small fines but some of
the ironmasters and grantees of lands were made
liable for massive sums: Sir Basil Brooke and
George Mynne, the lessees of the king's ironworks, were fined £59,040 for irregularities in
their exercise of the cordwood concession, Sir
John Winter £20,230, mainly for illegal cutting
and charcoaling in the demesne woods by him
and his father for their Lydney works, and John
Gibbons £8,600 for supposed offences in connexion with his Cannop estate. In the event the
principal offenders had their fines considerably
reduced, and it is thought that no more than
about one fifth of the total originally imposed
was collected. (fn. 7) In the following years, however,
the Crown profited by the willingness of landowners in the revived bounds to pay to
disafforest their lands: Winter paid £1,000 to
free his large and well-wooded Lydney estate,
and other sums came from estates in Tidenham
chase, (fn. 8) which had been effectively free of the
forest law even before 1300.
By 1638 Charles I's government had decided
that the best means of capitalizing on the Forest
was to disafforest and sell the bulk of the royal
demesne. It was argued, unrealistically in the
light of previous experience, that a private owner
would more efficiently and more economically
manage the coppices, administer the cordwood
concession, and preserve the navy timber. Sir
John Winter, who had cleared himself of the
fines levied by the justice seat and had become
secretary to the queen, was probably the main
advocate of the scheme. In March 1640, in
return for £106,000 to be paid over six years and
an annual fee-farm of £1,951, he was granted c.
18,000 a. of the demesne with the minerals,
underwood, and game. He was to provide the
lessees of the king's ironworks with 13,550 cords
each year and allow them to carry on the works
for six years and was required to preserve for
the Crown 15,000 tons of ship timber. By an
agreement made with representatives of the
commoners 4,000 a. of the demesne were to
remain open to the rights of common and estovers. Lea Bailey woods were once more wholly
reserved to the Crown. (fn. 9)
Winter began inclosing and felling under his
grant but met with much opposition from the
commoners, many of whom claimed they had
not been parties to the agreement. His position
became untenable after the opening of the Long
Parliament, which after ordering an inquiry and
collecting evidence of misappropriation of the
ship timber and other abuses (fn. 10) deprived him of
his grant in 1642. (fn. 11) Winter's inclosures were
demolished by the commoners, who then enjoyed a virtually unrestricted right until inclosure was again attempted in the mid 1650s. (fn. 12)
For most of the Civil War the administration
of the Forest was disrupted as royalists under
Sir John Winter contested control with the
parliamentary garrison of Gloucester. Parliament's victory deprived the area of the influence
and leadership of most of its leading gentry and
holders of forest offices: Winter, (fn. 13) his cousin, the
marquess of Worcester, who had estates in Tidenham and Woolaston and in neighbouring
Monmouthshire, his brother-in-law Benedict
Hall of Highmeadow, (fn. 14) the Throckmortons of
Clearwell, (fn. 15) the Vaughans of Ruardean, (fn. 16) and the
Colchesters of Westbury-on-Severn (fn. 17) were all
dispossessed or heavily fined. In that situation
the Forest was dominated between 1645 and
1649 by a group of former parliamentary army
officers, John Giffard, Robert Kyrle, Griffantius
Phillips, John Brayne of Littledean, and Thomas
Pury the younger of Gloucester. They secured
control of the ironworks on the royal demesne
and on the surrounding estates and carried on
their operations with little interference: the remaining woodwards, the minor foresters, and a
surveyor and four preservators appointed by
parliament to supervise the supply of cordwood
were intimidated by or colluded with them.
Great damage was inflicted: much navy timber
was felled and used for cordwood, and abuses,
such as fraudulent cords and the misappropriation of cordwood, once again went unchecked.
It was estimated that over 35,000 oaks and
beeches were felled in the demesne woods during the 1640s, over half of them marked earlier
for use as ship timber. The woods were also
invaded by several hundred cabiners, often supporting themselves by making barrel staves and
trenchers from stolen wood and by keeping
goats. There was also destruction in the woodlands of the royalist gentry, particularly in
Lydney, Tidenham, and part of the Highmeadow estate at Hadnock (Mon.). (fn. 18) Parliament
issued an ordinance against any further felling
of timber in 1648 (fn. 19) and a wide-ranging inquiry
was carried out the following year, but there was
apparently little improvement in the management of the Forest until 1653 when the
government appointed Major John Wade to run
the ironworks. (fn. 20)
Under Wade, who was reappointed with general powers to administer the woodlands in
1656, (fn. 21) the ironworks, the felling and delivery of
the cordwood, and sales of wood to makers of
barrel staves and trenchers were retained under
a centralized control and the worst abuses
checked; also the bulk of the cabiners were
expelled from the demesne woods. (fn. 22) With most
of the ancient offices by tenure in abeyance,
Wade ran the Forest through a staff of the
salaried, minor foresters, namely a bowbearer,
the six keepers (two of whom also acted as
clerks), and the two rangers. Wade himself
served as verderer, together with two others
from the well-disposed local gentry, William
Cooke of Highnam and Richard Machen of
Eastbach, in Bicknor, and 12 new regarders were
appointed. (fn. 23) In 1656 a justice seat was convened
at Mitcheldean in the Protector's name and
presided over by Maj.-Gen. John Desborough, (fn. 24)
who had been appointed constable of St. Briavels in 1654. (fn. 25) Under a navy purveyor appointed
in 1655 the Commonwealth government ensured a regular supply of ship timber. Much was
shipped out to the dockyards, mainly through
Lydney, (fn. 26) where a shipbuilding yard was also
established to build frigates. (fn. 27)
Under an Act of 1657 which authorized the
inclosure of up to one third of the demesne, (fn. 28)
Wade inclosed a large tract in the south-west
part; rather than relying solely on natural regeneration, he sowed acorns and beech mast and
planted out saplings. (fn. 29) His inclosure produced
the usual response from some of the commoners,
who broke the fences and fired parts of the
woods. (fn. 30) The government's failure to take effective action against the rioters made Wade
disillusioned with the task of governing Dean:
shortly before leaving his post at the Restoration, he described the Forest as a 'forlorn,
disowned piece of ground, so much talked of and
so little cared for in reality'. (fn. 31)
At the Restoration the government ordered a
commission of inquiry, which, reporting in
1662, advised it to resume as much as possible
of the alienated lands and follow a determined
policy of inclosing the Forest as a nursery for
ship timber. (fn. 32) Initially, however, Sir John Winter and other patentees reasserted their rights,
and the ironworks on the demesne continued.
In 1662 Winter surrendered his rights under his
grant of 1640 in return for a payment of £30,000
but had a new grant of all the timber trees
surviving on almost the whole demesne and the
use of the ironworks; the Crown reserved Lea
Bailey and another 11,335 tons of timber for the
navy, to be supplied by Winter. (fn. 33) In 1663 he was
said to have 500 woodcutters at work in the
Forest. (fn. 34) In 1665 or 1666 under a new agreement
he was given 8,000 a. of his former land in return
for managing the other 10,000 a. as a nursery for
ship timber, (fn. 35) but in 1668, after more opposition
and irregularities in his delivery of the navy's
timber, he surrendered all his rights and was
discharged of the obligation to supply the timber. (fn. 36) The same year an Act was passed to return
the whole demesne to government control and
establish it as a permanent source of ship timber.
THE REFORMED ADMINISTRATION.
The Dean Forest Reafforestation Act of 1668 (fn. 37)
remained for many years the governing instrument of the Forest, which subsequently
comprised in practice only the 23-24,000 a. of
the royal demesne. The operation of the forest
law was confirmed in the demesne, while the
manorial lands were freed from its restrictions,
confirming a measure of the Commonwealth
government in 1657; (fn. 38) officially, however, they
remained part of the Forest until the 1830s. (fn. 39)
The main provision of the Act was that 11,000
a. of the demesne should be inclosed, to be
progressively laid open and replaced by other
inclosures as the new growth of timber reached
sufficient size to be safe from browsing animals.
Rights to common of pasture, defined as those
lawfully used in 1634, and mining rights were
to continue in the uninclosed land, but the
commoners agreed to give up estovers in response to the Crown's offer to lift the forest law
from the manorial lands and end ironworking
on the demesne. (fn. 40) The deer, if the Crown decided to continue to maintain them in the Forest,
were to be limited to 800 beasts. Of the alienated
lands of the demesne, the Cannop estate was
bought back from its owner Banastre Maynard
in 1670, (fn. 41) in which year the lease of the coppices
at Bradley hill also fell in. The sale of Mailscot
was, however, confirmed, and it soon afterwards
became part of the Highmeadow estate, while
Kidnalls and the Snead were left in the possession of the owners of the Lydney estate, who
had obtained the reversion in fee. (fn. 42) The Act
brought in the local justices of the peace to aid
the implementation of the new policy: they were
to be represented among the commissioners
carrying out the inclosure, they were to supervise the felling of any timber, and they were to
mark timber to be preserved for future growth.
To pay for the inclosure and buy out Maynard
£3,000 was raised by the sale of coppice wood
and decayed timber, most of it to the ironmaster
Paul Foley and his partners. (fn. 43)
By 1671, when Samuel Pepys and colleagues
from the Navy Office visited the Forest, c. 8,500
a. had already been inclosed. (fn. 44) Five separate
inclosures were formed, the largest covering the
whole of the west side of the demesne and
another comprising Lea Bailey and Linings
wood (later Lower Lea Bailey) in the north-east
part. The intention was mainly to encourage
natural regeneration of oak and beech and preserve what healthy trees survived, (fn. 45) though some
acorns were sown. (fn. 46)
To enforce its new policy the government
relied principally on its main supporter in the
county, Henry Somerset, Lord Herbert, who
succeeded his father as marquess of Worcester
in 1667 and was created duke of Beaufort in
1682. (fn. 47) He had been made constable of St.
Briavels and warden of the Forest for life in 1660
and he acquired the lease of the St. Briavels
castle estate then or soon afterwards. (fn. 48) Among
the royalist gentry, Sir Baynham Throckmorton
of Clearwell and Sir Duncombe Colchester of
Westbury were active in support, as was William
Cooke of Highnam, who had successfully accommodated himself to the restoration of the
monarchy. Cooke retained his office of verderer,
serving in the 1670s with his brother Edward
and Colchester. (fn. 49) The determination to pursue
a policy of preservation was shown by the dismantling of the ironworks in 1674, by the
expulsion of the remaining cabiners later that
decade, (fn. 50) and by important modifications to the
Forest's administration.
In preserving the new inclosures little was
expected of the principal tier of Forest officers,
the woodwards of the bailiwicks. One adviser to
the government cited the proven ineffectiveness
of the deputies appointed by the woodwards, the
impossibility of disciplining the woodwards
without holding regular eyres, which he predicted, correctly, would be unlikely in the
future, and the debilitating effect on their zeal
of their right to common. (fn. 51) Instead the administration relied mainly on salaried and easily
replaceable officers. In the mid 1670s the demesne was divided into six walks, each provided
with a lodge and placed in charge of a keeper. (fn. 52)
The keepers were, in an enhanced role, the six
under-foresters traditionally appointed by the
constable, and he continued to appoint them
after the 1670s to hold office at his pleasure,
besides directing some aspects of their work.
Initially, the man who kept King's walk was
styled bowbearer, continuing the old title of the
constable's chief under-forester, but that usage
soon lapsed. (fn. 53) Each keeper was assigned a small
farm of cleared land adjoining his lodge and an
annual salary, paid by the Treasury; (fn. 54) after an
augmentation out of the proceeds of the St.
Briavels castle estate, the salary was £18 6s. 8d.
in 1686. (fn. 55) It was £22 in 1787 and by then each
keeper received a large income in the form of
fees. (fn. 56) In addition, a new office was created in
1674, that of the conservator, or supervisor, with
the specific role of supervising the new inclosures. It was a direct appointment of the
Treasury and carried a salary of £100. (fn. 57)
The six new walks, which superseded the ten
ancient bailiwicks as the main administrative units
of the demesne woodland, were named respectively the King's (or Charles II's) walk, York walk
(after the king's brother), Danby walk (after the
earl of Danby, the Lord Treasurer), Latimer walk
(after another of the earl's titles), Worcester walk
(after the constable, the marquess of Worcester),
and Herbert walk (after another of the marquess's
titles). (fn. 58) By the later 18th century the King's was
usually called Speech House walk, after the
building that served as its keeper's lodge, and
York, Danby, Latimer, and Herbert had become
known, from geographical location, as respectively Parkend, Blakeney, Littledean, and
Ruardean walks. Worcester walk, which was on
the west side of the demesne, adjoining Coleford, retained it old title. (fn. 59) The new Speech
House, built on the site of the old courthouse at
Kensley, served as both courthouse and lodge. (fn. 60)
The intended role of the six keepers is revealed
by instructions drawn up by the marquess of
Worcester shortly after 1675. They were to make
regular perambulations of their walks, checking
for cattle in the inclosures and for encroachments and the building of cabins. They were to
take over the regulation of commoning and
impound animals found in the Forest in the
prohibited seasons (the fence month and winter
haining), those turned in by people without rights,
and uncommonable beasts, which the instructions
declared to include sheep. A new Forest pound
for the use of the keepers was built at Parkend,
though by the mid 18th century there was one
adjoining each keeper's lodge. A particular responsibility of the keepers was the preservation
of the deer: they were to search houses for
venison and for guns or nets, checking on dressers of skins and gunsmiths in the locality, and
keeping records of all deer killed in their walks. (fn. 61)
The new office of conservator was given in
1674 to Sir Baynham Throckmorton, (fn. 62) and it
was usually filled later by a local landowner. For
more than 100 years from 1714, except for a brief
tenure in the 1730s by members of the Bond
family of Redbrook, the office was held by
successive generations of the Jones family of
Nass. (fn. 63) The conservator was intended to be a
figure of authority, having supervisory powers
over the other officers, including those by tenure
and heredity, (fn. 64) but failure to achieve a continuing programme of inclosure reduced his role. It
was the deputy surveyor, responsible, under the
surveyor general of Crown woods, for the general management of the timber, who emerged as
the key figure in the Forest administration in the
18th century. (fn. 65)
The Forest's courts were continued, apparently with enhanced powers, to aid the policy of
preservation. In the years 1673-84, for which
records survive, the swanimote was convened
before the verderers once a year at traditional
venues for Forest business, St. Briavels castle,
the Speech House, or the market town of
Mitcheldean. In some ways it was a purely
formal gathering of the old administration, all
the Forest officers and the reeve and four men
from each of the parishes within the bounds
being summoned to attend; but some forest
offences, including poaching, damage to the vert,
and encroachments, were presented by the foresters and a jury and fined by the court. Occasionally
offenders were bound over to await the justices-in
-eyre, (fn. 66) and in 1680 an eyre was planned to meet
at Coleford, (fn. 67) but it was never held.
The attachment court, with its regular sixweekly sessions before the verderers at the
Speech House, was also intended as an instrument for disciplining those damaging the
plantations, and it was envisaged that it would
have responsibility for more than just the vert,
as formerly. Worcester's instructions to the
keepers imply a role in regulating commoning
and preserving the venison: animals impounded
for a third offence of straying into the inclosures
were to be presented to the verderers in the court
and sold by them, the keepers were to report to
the court all the fines that they levied as a result
of driving the Forest at the prohibited seasons,
and were also to present there any deer found
dead. The court continued to control the supply
of wood to the miners, who had to make a
request to the court, which then allowed delivery
under the supervision of the keeper of the
relevant walk. (fn. 68) In 1677 the supply to the miners
was being tightly controlled, no oak or beech
being allotted but only underwood, such as birch
and holly. (fn. 69) The main business of the attachment court presumably remained the
punishment of vert offences, but how it functioned in practice during the late 17th and the
18th centuries is not known, as no court records
have been found.
Opposition to the inclosures from the commoners took its usual form, with incidents of
fence-breaking and arson reported in the late
1670s, but the reformed administration remained in control of the situation. In 1677 it was
reported that the timber trees in the inclosures
were doing well and three years later some
inclosures were said to be ready to be laid open. (fn. 70)
By 1688 most had been opened and plans were
put in hand to make new ones. (fn. 71) At the close of
the year, however, the programme received a
serious setback. The Revolution was a signal for
riots, and the new plantations were damaged,
the Speech House attacked, and two other
lodges badly damaged. (fn. 72) In the new reign Sir
John Guise, who was in favour with William III,
tried to obtain a grant to manage the inclosures,
but a commission of inquiry, reporting in 1692,
decided in favour of continuing public control. (fn. 73)
The position of the Tory duke of Beaufort
(formerly marquess of Worcester), the mainstay
of government policy towards the Forest, was
severely weakened by the Revolution. The riots
took a personal direction by the breaking of the
fences of Whitemead park, which he held as part
of his lease of the St. Briavels castle estate. Tacit
support for the rioters came from some local
gentry, who revived a claim made under the
Commonwealth that Whitemead was not legally
imparked, and incidents of fence-breaking continued there for the next 10 years. (fn. 74) In 1697
Beaufort, having failed to sign the Association
in support of William III, forfeited his offices
and was replaced by Lord Dursley, later earl of
Berkeley, whose son some years later acquired
the lease of the St. Briavels castle estate. Together with the lord lieutenancy of the county,
the constableship remained with the Berkeleys
for all but a few years of the 18th century; during
the minority of the 5th earl in mid century their
political allies, the lords Ducie and Chedworth,
held it but were followed briefly by Norborne
Berkeley, who was of the rival Beaufort interest. (fn. 75) The office of deputy constable was
multiplied in the 18th century, the constables
deputing up to six of their friends from among
the local gentry. (fn. 76)
The constableship, through the power of appointing the keepers and directing part of their
work, remained a more than purely formal post.
It had been intended that the other chief foresters would also continue to have a role in the
reformed administration: Worcester's instructions of c. 1680 assigned the woodwards and the
serjeants-in-fee to act in support of the keepers. (fn. 77) By the early 18th century, however, those
offices had only a nominal function. The office
of woodward retained significance in the 18th
century only through the ancient privileges still
claimed by some holders, particularly the Gage
family. The Gage's Highmeadow estate, (fn. 78) besides incorporating the offices of woodwards of
Staunton and Bicknor, also had ironworks, so
that rights in the demesne woods had a value in
terms of cordwood. In 1743 Thomas Gage, 1st
Viscount Gage, laid claim to all windfall trees
and the bark of all trees felled by Treasury
warrant in his bailiwicks, and his son was still
pursuing those claims in 1782 and seems to have
established the right to windfalls. A claim by the
1st Viscount to the right of soil in part of the
demesne woodland at Hangerberry adjoining his
English Bicknor manor was resolved in the
Crown's favour in 1753, but another of his
claims, to the manorial waste of part of Coleford
against the earl of Berkeley, lessee of the royal
manor of Newland, was a source of dispute for
the rest of the century. In the disputes, particularly
the last mentioned, political rivalry played an
important part; the large number of freeholders in
the Forest parishes gave a particular value to
influence enjoyed there by county magnates. (fn. 79)
Other officers of the old administration, the
verderers, had a continuing role as presidents of
the courts of attachment and swanimote and they
sometimes acted in a more general representative
role, for example memorializing the government
about abuses by other Forest officers. (fn. 80) During
the period the four posts remained firmly in the
control of the local gentry, the Colchesters of
Westbury, Pyrkes of Littledean, Joneses of Nass,
and Crawley-Boeveys of Flaxley serving for
several generations in succession. (fn. 81)
The reorganized administration maintained a
firm hold on the Forest into the early 18th
century. The inclosure policy was continued c.
1706 when a new 353-acre inclosure called Buckholt was fenced off, (fn. 82) and at about the same time
the thinning of beech and other species from
around the oaks in the older plantations was
instituted on a rolling programme. (fn. 83) It would be
many years before the oaks matured for use as
ship timber, but the Forest produced a regular
income by the sale of cordwood to ironmasters.
Until c. 1712 most was taken by the Foleys and
their partners for their local ironworks. (fn. 84)
NEGLECT AND ABUSES 1720-1808.
From
c. 1720 the Treasury and its officals ceased their
close attention to the affairs of the Forest, allowing the salaried local officers to become lax. The
pressure from commoners, miners, and potential
wood-stealers and encroachers, kept in check
during the late 17th century by energetic management backed by regular commissions of
inquiry, was no longer contained. In 1722 the
faltering inclosure programme was commented
on. (fn. 85) In 1736 the conservator Christopher Bond
reported that the plantations were being raided
by wood-stealers, the commoners' animals were
being allowed in at the prohibited seasons, encroachment and the building of cabins had
begun again, and officers were conniving at the
offences. (fn. 86) In 1742 the keepers, on whom much
depended, were accused of poaching and of
corruption in executing royal warrants for venison, and one was said to have taken wood for his
own cooperage business. (fn. 87) In 1746 the Forest
courts were said to be greatly neglected; (fn. 88) the
attachment court later lapsed, and by 1788 the
annual swanimote was said to be held largely as
a matter of form. (fn. 89)
Throughout the mid 18th century wood stealing flourished, encroachments made a steady
advance, and commoning escaped regulation.
Two attempts to revive the inclosure programme in the period both failed. In 1758 John
Pitt, the Crown's surveyor general of woods, was
authorized to make an inclosure of 2,000 a. in
the centre of the Forest south of the Cinderford
to Speech House road, but it was soon broken
open. In another scheme in 1770 Pitt made six
dispersed inclosures, which he thought would be
easier to police than a single large block, (fn. 90) but
in them also the walls were broken down, the
fencing carried off for fuel or for sale, and the
young trees destroyed. Only one of the six
contained a worthwhile quantity of young timber in 1788. (fn. 91) Much of the stolen wood was sold
to coopers for barrel staves, for which cider
production on Severnside and in south Herefordshire created a constant demand, or to
wheelwrights. As in the 13th century, Bristol
was one of the main markets for the trade in
stolen wood, which c. 1780 was said to be
brazenly carried on through Gatcombe. Much
of the wood ostensibly supplied to miners was
sold by the recipients, because no inquiry was
made into how much was needed or its eventual
destination; in 1787 the deputy surveyor of the
Forest, Thomas Blunt, himself offered the opinion that less than half of that supplied went into
the mines. (fn. 92)
The failure to check encroachment on the
edges of the royal demesne allowed the beginnings of its fringe of hamlets. By 1752 there were
already 134 cottages on the demesne, and by
1787 there were 585 and 1,359 a. of land had
been encroached. (fn. 93) The number of commoners
increased during the period, with the new squatters on the demesne and some men from parishes
which had no customary right putting in animals. With the failure of the inclosure
programme, the animals ranged through most of
the demesne woodland and waste. Such measures as were taken by the keepers were mainly
for their own pecuniary benefit rather than in
the interests of strict enforcement. The prohibition
on sheep had lapsed again by the 1780s. (fn. 94)
The burgeoning illegalities were backed by
violence or the threat of it. In 1735 a gang,
thought to come from the Clearwell area, attacked several of the keepers' lodges and pulled
down the adjoining pounds; later it returned,
armed, in an attempt to rescue one of its number
who had been arrested by a magistrate. (fn. 95) In 1742
two of the keepers claimed that they lived in fear
of their lives, beleaguered by assaults on their
lodges and threatened by anonymous letters. (fn. 96)
In an incident at Yorkley in 1780 some of the
keepers were wounded while attempting to prevent a gang of men in disguise from felling
trees. (fn. 97)
The abuses were encouraged by a system of
fees and benefits that the officers received in the
course of their various duties. It was to their
financial advantage that wood should be stolen,
timber felled unnecessarily, and animals illegally
commoned. Thomas Blunt, who was appointed
deputy surveyor of the Forest in 1780 at a salary
of £50, received in addition between £300 and
£500 a year from other perquisites, for which
he was not required to make any account. He
received a small cash fee for each cord of wood
made from timber trees felled by Treasury
warrant for the navy and for each tree felled for
the miners, and he took the tops of all trees felled
for the navy but rejected by the navy purveyors,
a share of the offal wood from the miners'
timber, and parts of any trees stolen and then
recovered. The perquisites of the six keepers
included fees for providing the miners' timber,
taking deer for the Crown, and releasing impounded cattle. The last encouraged them to
make regular drifts of their walks during the
fence month and winter haining but not to
prevent cattle being put back in those periods
or to limit the numbers by keeping a check on
who was running them. In the case of stolen
trees that were recovered, they took the wood if,
when found, it was already cut into pieces for
coopers or wheelwrights, an incentive to delay
action. In the early 1780s the keepers' salaries
of £22 each were supplemented to over £100 a
year by the fees and perquisites, and the keeper
of Speech House walk, whose beat supplied
most of the miners' timber, received more than
£200. There were accusations that bribes in cash
were taken by the keepers to overlook encroachments and by the deputy surveyor for awarding
cordwood contracts, but the system made it possible for the officers to profit without the more
blatant, and verifiable, forms of corruption. (fn. 98)
Local controls on the officers had mostly lapsed.
The execution of all warrants for felling should,
under the Act of 1668, have been supervised by
two J.P.s, but in 1787 one local J.P., Charles
Edwin of Clearwell, said that he had given up
attending when he found his advice ignored.
The lapse of the attachment court removed a
means of monitoring regularly the supply of
wood to the mines; in the 1780s the keepers made
a return only once a year, to the swanimote. (fn. 99)
Commissioners reporting on the Crown woodlands in 1788 summed up the situation in Dean
as one in which the different fees, perquisites,
and emoluments 'are so many premiums for the
encouragement of waste in the felling, measurement, and sale of the timber, of extravagance in
the expenditure of the produce, and of profusion
in the delivery of the timber to the miners, while
they tend to the destruction of the inclosures,
and the prevention of the growth of wood in
succession'. They could find no documentary
record of how 'a system of management so
absurd and ruinous' had evolved, and concluded
that it had been introduced gradually in the
years since government control lapsed. (fn. 1)
In spite of all the problems, supplies of good
ship timber were provided by the Forest in the
later 18th century. The work of the administrators of Charles II's reign began to bear fruit in
the 1760s as the oaks in their inclosures came to
maturity. In the 26 years from 1761 to 1786 the
naval dockyards at Plymouth, Deptford, and
Woolwich received a total of 16,573 loads of oak;
a load was 50 cubic feet, providing on average a
ton of shipping. Dean supplied only a very small
proportion of navy's total annual requirement,
but much of the estimated 2,000 loads a year
from the royal forests as a whole came from
Dean and in quality it was regarded as second
to none. The timber supplied to the navy in
those 26 years was valued at £31,723; timber
rejected for navy use and sold to local shipbuilders at Chepstow, Newnham, Gatcombe, and
elsewhere produced £16,226; and of the side
products of fellings and thinnings, cordwood
sold to ironmasters produced £17,178 and oak
bark, which went to local tanners and for export
from Severnside to Ireland, produced £3,914.
During the 26 years administrative costs totalled
£41,657, including over £11,000 spent on roads,
which served purposes besides timber production, and other sums on Crown projects
unconnected with the Forest. It could be shown,
therefore, that for all the waste and abuse, the
woods were being run at a profit. (fn. 2)
Lord Gage, pursuing his claims in 1782, believed that because of the strength of the
commoners' opposition and the dispiriting effect
of the failure of the inclosures of 1758 and 1770
the Forest would never be replanted. (fn. 3) By that
time, however, its demonstrable value to the
navy, highlighted by the onset of another naval
war, had encouraged a further attempt to halt
the decline. John Pitt, who since 1771 had made
a number of representations to the Treasury for
firmer measures, was authorized to try a limited
new scheme; 323 a. were inclosed c. 1783 and
the old Buckholt inclosure was repaired. Thanks
to tighter policing, including the appointment of
a watchman, the new inclosures remained intact
in 1788, (fn. 4) though still under threat; early the
following year the fence at Buckholt was deliberately set on fire. (fn. 5) Also introduced was a system of
financial rewards to informers, which led to regular convictions of timber-stealers before the
magistrates in the 1780s. As it swelled the
emoluments of the officers, who were usually the
claimants to the rewards, it was not in other ways
conducive to good management. (fn. 6)
In 1788, the first time for many years that Dean
received close attention from the government,
the commission of inquiry into Crown woods
and land revenues made a detailed critique of
the Forest's administration and suggested remedies and future policy. It recommended
inclosure up to the statutory 11,000 a., appeasement of the commoners by allowing grazing in
the open land all the year round, negotiation
with the miners to give legal status to their rights
in return for the surrender of their free timber,
tough action against encroachers other than
those holding anciently established plots, stricter
procedure for felling timber, destruction of the
deer as a cause of damage to new inclosures and
an incentive to lawlessness, and introduction of
turnpikes. (fn. 7)
Little was done, however, during the next 20
years, and most of the commission's proposals
were not implemented until the 1830s. The
recent small inclosures and Buckholt, a total of
c. 680 a., remained the only land managed for
future timber needs, and abuses continued. No
steps were taken to check the encroachers, who
took a further 725 a. of the demesne and built
almost 300 new cottages between 1787 and
1812. (fn. 8) The earlier encroachments were not disturbed, so that those made before 1787 had
eventually to be accepted as freeholds. Claims to
rights in Staunton and Bicknor bailiwicks continued to disturb the Forest administration in
1801, though at that time the woodward by
tenure, the 3rd Viscount Gage, was prompted
and eventually embarrassed by his local agent,
James Davies of Eastbach; Davies had a personal
interest through his share in an ironmaking firm
that enjoyed the Highmeadow cordwood concession and he had also developed an antipathy to
certain Forest officials. (fn. 9)
The only recommendation of the commissioners carried out before the close of the century
was the turnpiking of the roads under an Act of
1796. The motive was partly to aid the removal
of the navy's timber, for the road leading to the
main shipping points at Gatcombe and Purton
was included. (fn. 10) Supplies to the dockyards continued in increased volume during the French
wars, with 18,839 loads sent in the six years
1803-8. (fn. 11) It required c. 500,000 loads (fn. 12) to maintain the navy on its wartime footing over those
six years, so the Forest's contribution was a
small one, but Dean, together with the New
Forest, came to loom large in government plans
to meet future needs. The authority of Admiral
Nelson was given to those plans in a report
written in 1803 after he visited the area the
previous year. (fn. 13)
REPLANTING AND REORGANIZATION.
A replanting programme for the Forest, equal
in scale to that of the 1660s, was carried out
under an Act of parliament of 1808. The Act
confirmed the provision in the Act of 1668 for
the inclosure of 11,000 a., empowered the making of new inclosures up to that amount, and
imposed heavy penalties to protect inclosures. (fn. 14)
The programme was planned and partly executed under the direction of Sylvester Douglas,
Lord Glenbervie, surveyor general of woods
1803-6 and 1807-14 and chief commissioner
from 1810 in the new body set up to manage the
Crown estates, the Commissioners of Woods,
Forests, and Land Revenues. James Davies of
Eastbach was appointed deputy surveyor for
Dean in 1806 with his son Edward as his assistant, and in 1808 Edward (called Edward
Machen from 1816) succeeded to his father's
post. (fn. 15)
Work on the new inclosures began by 1806,
before the passing of the new Act, (fn. 16) and by 1818
over 25 had been planted and surrounded by
stone walls or earth banks topped with gorse.
They were planted almost entirely with oak,
though other species, including conifers, were
planted to shelter the young oaks. (fn. 17) The new
plantations included most of Whitemead park,
which was surrendered by the earl of Berkeley,
lessee of the St. Briavels castle estate, in 1807,
and farmland at Ellwood, in Newland, which the
Commissioners of Woods bought in 1817. A
farmhouse at Whitemead was improved to become
the official residence of the deputy surveyor. (fn. 18) In
1817 the Commissioners bought Lord Gage's
Highmeadow estate, which included c. 2,350 a. of
woodland, mainly at Mailscot and Hadnock
(Mon.), and in the late 1820s they planted large
areas of the estate's farmland in Staunton and
English Bicknor parishes and Coleford tithing.
Highmeadow woods were subsequently administered with the Forest though accounted for as
a separate Crown estate; in 1849 they covered
3,438 a. and in terms of net income occupied
third place among the Crown woodlands in
England, after the New Forest and Dean and
before the various small royal forests. (fn. 19)
Under Glenbervie and Edward Machen, the
administration was strengthened and improved,
partly by installing woodmen, housed in a series
of small lodges and each paid a salary of £39 a
year, to police and maintain the inclosures. (fn. 20)
Timber sales were more closely supervised, with
J.P.s, the verderers, and the keepers all required
to sign the deputy surveyor's accounts. (fn. 21) The
amount of timber supplied to the miners was
much restricted after 1809 when an Act for
building the Severn and Wye tramroad, which
became the main means of carrying out coal,
ruled that no miner in receipt of free timber
could make use of the tramroad. (fn. 22) The right to
timber was abolished altogether by an Act regulating the mines in 1838. (fn. 23)

Inclosures In The North Of The Forest And Cottages And Old Encroachments At Joy's Green, Ruardean Woodside, And Ruardean Hill, 1847
To help preserve the inclosures and prevent
further reduction of the royal demesne, the
attachment court of the verderers was revived.
In 1829 verderers in royal forests were empowered to summon and convict those damaging
inclosures or making encroachments, (fn. 24) and in
1838 an Act regularizing the tenure of the
encroachments in Dean confirmed that new role
of its verderers and required them to make
annual returns of informations and convictions. (fn. 25) From c. 1830 the attachment court was
held again at the Speech House before the
verderers with a local solicitor as steward. The
steward, who had the style of steward of the
courts of attachment and swanimote, though
only the former was revived, received the fines
in payment; a small salary was added in 1870.
Informations were presented to the court by the
keepers of the walks, (fn. 26) who were instructed to
patrol the whole of their walks twice a week,
watching for encroachment, illegal digging of
turf or soil, and offences against the vert and
venison. The encroachments presented were
usually minor, such as garden walls and outbuildings of cottages intruding a short way over
the boundaries, and were fined at small sums of
5s. or of 10s. Timber stealing and poaching
offences were rarely presented, most being dealt
with before the magistrates, and poaching cases
ended altogether with the removal of the deer
from the Forest in the early 1850s. (fn. 27) In the early
1840s the court was held eight times a year,
roughly the ancient 40-day interval, but the
volume of business did not warrant that number
of sessions and by the early 1860s the number
was reduced by adjournments to only two a
year. (fn. 28) In the period 1863-73 the court made c.
10 convictions a year on average and imposed a
total of £60 in fines. (fn. 29) By the end of the century
the court was often adjourned through many
months because of lack of business, (fn. 30) and after
1903, apart from a token exercise in 1924, it dealt
with no offences. (fn. 31)
The established landowning families of the
area, the Crawley-Boeveys, Bathursts, Colchesters (later Colchester-Wemysses), Pyrkes,
Probyns, and Joneses, continued to dominate the
office of verderer in the 19th century. Vacancies
were usually filled without a contested election,
son often replacing father. (fn. 32) In 1863 when some
of the coalowners threatened a contest it was
seen as a challenge to a long-established tacit
understanding, besides raising fears of expensive
and divisive contests, all freeholders of the county
being entitled to vote. (fn. 33) A contest at the next
vacancy was, however, the last until 1930. (fn. 34)
Otherwise, the ancient Forest administration
ended in the early 19th century. In 1836, following the death of the duke of Beaufort, constable
of St. Briavels and warden of the Forest, the two
offices were vested in the Commissioners of
Woods. (fn. 35) The St. Briavels castle estate, by then
with only few assets, was taken in hand by the
Crown in 1858. (fn. 36) Two of the woodwardships,
those of Staunton and English Bicknor bailiwicks, passed to the Commissioners by the
purchase of the Highmeadow estate, and no
mention of the woodwardships has been found
after the 1830s when the holder of Blakeney
revived a claim to grant gales of quarries. (fn. 37)
WOODLAND MANAGEMENT AND COMMONING 1820-1914.
The new inclosures and the tighter administration brought to
prominence again the question of commoning
rights in the Forest. Increasingly during the 19th
century the rights were exercised by inhabitants
of the Forest hamlets rather than by those of the
surrounding parishes. Forest commoners,
mostly working or retired miners with small
flocks of sheep, were putting in the greater
number of animals by 1839, (fn. 38) though in 1860
people from 15 parishes still put in animals, the
largest numbers from Newland and Ruardean.
The payment of herbage money to the lessee of
St. Briavels lapsed c. 1835, probably because the
majority of places had paid it out of the old
parish poor rate. (fn. 39) The commoners from the
parishes were more open to schemes for extinguishing or regulating the rights, while the
Foresters defended their claims with the traditional belligerence.
By the start of the 19th century regular drifts
of the Forest in the prohibited seasons had been
largely abandoned, the owners of animals paying
fees to the keepers to leave them in. The commoners petitioned to end those fees in 1820 and
1823, but in 1823 the Commissioners of Woods
ordered that clearance in the prohibited seasons
be resumed. (fn. 40) Reinclosure of much of the Forest
had at first been accepted without trouble, but
resentment grew later and became combined
with the Foresters' grievances about the invasion
of their mining rights by outsider capitalists.
Over several days in June 1831, under the
leadership of Warren James, a Bream miner,
groups of commoners assembled and, after giving notice of their intention to the authorities,
destroyed about half of the estimated 120 miles
of the walls and banks around the inclosures.
The riot Act was read several times but no
person was attacked by the rioters and order was
easily restored when troops were brought in.
The rioters were treated fairly leniently: James
was sentenced to death but his sentence commuted to transportation, a few others were
imprisoned or bound over, and some escaped
prosecution by agreeing to help repair the inclosures. (fn. 41) The main result was to highlight local
grievances, prompting a commission of inquiry
into the Forest in 1832, which laid the groundwork
for regularizing mining and the tenure of the
encroachments. Commoning rights, however, remained a seemingly intractable problem. A
meeting called to discuss plans for extinguishing
the rights in 1836 broke up when intimidated by
a mob of Foresters. (fn. 42) Tension eased for a few years
after that, however, when to aid the negotiations
to settle the regulation of mining there was a tacit
agreement to end the regular drifts. (fn. 43)
In 1849 the Forest administration comprised
the deputy surveyor Edward Machen, two assistant deputy surveyors, four keepers, whose
numbers had been reduced from six before 1841,
in the old lodges, and 24 woodmen occupying
the new lodges in the inclosures. The office of
conservator of the Forest, still held by a member
of the Jones family in the early 1820s, had
apparently lapsed by the middle of the century.
About 70 woodcutters were permanently employed in 1849 and another 100 or so labourers
might be taken on when new inclosures were
made or old ones opened. (fn. 44) After c. 13 or 14
years' growth, thinning of the plantations began
and after c. 30 years the inclosures were opened.
The first was opened in 1841, and c. 2,040 a.
more land were inclosed during the 1840s. (fn. 45) In
the new inclosures much greater use was made
of conifers (usually larch) as 'nurses' to protect
the young oaks.
The surviving ancient plantations continued to
supply the navy until 1833 when there was
failure to agree a price; no more was then sent
until 1852 and 1853, when great 'falls' of timber
produced 7,800 loads for the dockyards. Timber
rejected by the navy continued to be sold to local
merchants and shipbuilders, but in the 1840s the
operation of a 'ring' restricted profits: Thomas
Swift, a Monmouth shipbuilder and timber
merchant, took the bulk of the timber from the
Forest and Highmeadow woods, leaving other
local buyers to tender for the private woodlands
of the area. In the early 1850s, however, there
were several Monmouth, Chepstow, and Bristol
buyers, besides one or two railway builders from
Birmingham and Newcastle. In the old woodlands, which had been estimated to contain
22,880 loads in 1808, only 4,500 loads remained
by 1854. The thinnings from the new plantations, mainly offered to the coalowners at
monthly sales, provided a steadily increasing
income, £611 in 1828, £2,927 in 1838, and, after
the final abolition of the free allocation to miners, £4,711 in 1848. (fn. 46) Over all, however, the
woodlands were a potential rather than immediate asset, particularly in the years when no
timber was supplied to the navy: in the eight
years ending at Easter 1852, the income from
sales of timber, thinnings, and oak bark averaged
£10,033 a year while management costs averaged £11,220, though the addition of the income
from the Crown's mineral rights, averaging
£4,420 a year, brought the whole Forest estate
into modest profit. (fn. 47)
The bulk of the oak planted in the years
1808-18 was expected to mature for naval shipbuilding in the first or second decade of the 20th
century. (fn. 48) Even while warships were still being
built with wooden hulls there were doubts about
the concentration on that long-term investment
and suggestions that some unplanted areas
should be used for cultivation. (fn. 49) Machen, the
deputy surveyor, remained wedded to the original policy and unsympathetic to schemes that
deviated in favour of more immediate profit. In
the early 1850s, when he had been in the post more
than 40 years, T. F. Kennedy, one of the Commissioners of Woods, criticized his administration
as overmanned and hidebound, lacking energy
in finding markets for the remaining old timber
and inefficient in some of its forestry practices.
Against Machen's wishes Kennedy had a sawmill
set up to produce plank in the hope of attracting
more buyers from further afield; local buyers took
the trees away uncut. (fn. 50) Machen offered his resignation in 1853 but he was supported by the
Treasury, and he retired the following year, to
be replaced by Sir James Campbell, Bt. (fn. 51)
With the introduction of ironclad warships in
the 1860s discussion about the future of the
Forest became more urgent. Supplies to the
navy ceased c. 1865, the dockyards having a good
stock in hand and later finding it easier to meet
their limited needs from private contractors. (fn. 52)
In 1869 a meeting called at the Speech House
showed strong support among the wealthier
local inhabitants for inclosing and selling the
Forest, reserving a portion for public recreation
grounds and cottage gardens. The scheme was
not pursued: negotiations with the miners, at
that time over wages, once more made the
opening of the commoning question unwise.
The scheme was revived in 1874 when a Select
Committee inquired into Dean, (fn. 53) but a Bill
introduced in parliament in 1875 was allowed to
lapse after evidence of continuing strong opposition. (fn. 54)
During the late 19th century the Crown's profits
from the woodland of the Forest were modest, as
distinct from those from the mineral rights,
where the new deep coal mines yielded substantial sums in royalties. The net annual profit from
the woods in the ten years 1865-75 averaged
£2,992, and in the years 1875-85 £2,878. (fn. 55) The
mines, as they got deeper, were an increasingly
important market for timber and were taking
6-7,000 tons a year by 1874, but the mineowners
kept the price low by refusing to bid against each
other in public auctions. (fn. 56) In the 1880s the price
fell because of competition from imported timber. (fn. 57)
In 1897, when only 4,665 a. of the Forest
remained inclosed, the permanent staff had been
reduced to the deputy surveyor and 4 chief
administrative officers, 3 keepers, and 14 woodmen. Only 229 a. of older oak, from the planting
in the late 17th century and the 1780s, then
remained; 10,833 a. of early 19th-century oak
dominated the Forest, and there were another
3,002 a. of plantations of the 1840s and later. (fn. 58)
The drastic thinning out of the plantations had
produced stunted trees with long, low branches,
suitable for shipbuilding timber but not for
other purposes. Past management policies were
criticized by two forestry experts, who maintained that the planting of pure oak had damaged
the fertility of the soil, which in the past had
been preserved by the mixture of beech and
oak. (fn. 59) New inclosures made from 1897 onwards
under Philip Baylis, who succeeded Campbell as
deputy surveyor in 1893, were planted with a
mixture of oak, beech, larch, and chestnut; only
where the ground was suitable was oak alone
planted. By 1911 the inclosed woods had reached
again the statutory 11,000 a. (fn. 60) The Forest began
to be used to train foresters when a forestry
school was opened in 1904. (fn. 61) In 1913 to provide
another use for loppings and thinnings of the
hardwood trees a wood distillery plant was
established at Cannop. (fn. 62)
Both Campbell and Baylis challenged the
claims of the commoners, testing the legality of
the exercise of rights by holders of the former
encroachments and of the commoning of sheep.
Sheep, which were harder than cattle to exclude
from the inclosures, had become the dominant
animal commoned. A drift ordered by Campbell
at the start of the winter haining of 1864 found
5,868 sheep, 233 horned cattle, 218 horses and
colts, 246 donkeys, 86 pigs, and 1 goat. The drift
was repeated in 1865, causing some unrest and
forcible rescues of impounded animals, but the
Commissioners of Woods, worried at the possibility of a serious outbreak of violence,
persuaded Campbell to follow a more cautious
policy. (fn. 63) In 1889, while still maintaining that the
majority of commoners had no legal right, he
was not restricting or interfering with any who
put animals in. (fn. 64) Baylis, before embarking on his
new inclosures, sought counsel's opinion in
1896. A barrister concluded that the Act of 1668,
while confirming the rights of the parishioners
as claimed in 1634, ruled out the acquisition of
any right by prescription, and that such rights
could not in any case be attached to encroachments. He was less certain whether the claims
of 1634 could be interpreted as excluding sheep.
The Crown law officers, to whom the question
was twice referred, agreed that there was no
prima facie case for commoning sheep. (fn. 65) The
numbers of sheep in the Forest continued to
grow, a census of 1898 finding 10,851. The 236
different owners were then almost all Foresters, the great majority having flocks of under
50. (fn. 66) By 1905, when the impounding of animals
found in the new inclosures and on a new road
built between Whitecroft and Mirystock reawakened the issue, the commoners had
organized themselves in a protection society, and
a new Commoners' Association was formed in
1919. (fn. 67)
THE FOREST IN THE 20TH CENTURY.
In the First World War the need for timber for
military purposes gave a new value to Dean's
oak plantations, which were then reaching maturity. Established management practices were
subordinated to the immediate demand: some
areas were clear felled and any replanting was
usually wholly with conifers. The early 19thcentury plantations had been reduced to c. 5,000
a. by the end of the war. The wood distillation
operation was also much enlarged to supply the
munitions industry. (fn. 68) In 1919, with the policy
of providing a strategic timber reserve dominating forestry, a plan to progressively change the
composition of Dean's woods to three quarters
conifer was devised. In the 1920s, however,
when the Forestry Commission had been established and had acquired much land elsewhere
suitable for conifers, it was decided to plant
hardwood, mainly oak, wherever Dean's soil was
suitable. (fn. 69) The Forest, together with Highmeadow woods and some smaller Crown woods
in the area, was transferred from the Commissioners of Woods to the Forestry Commission
in 1924. (fn. 70) In the Second World War production
was again massively increased, both in the form
of hardwood from the 19th-century oaks and
softwood from the more recently planted conifers. The forestry company of the Royal
Engineers worked in the woodlands and by 1942
had 11 sawmills at work; 4,864 a. were clear
felled. The cover of the trees was also used to
store large quantities of ammunition and other
equipment. (fn. 71)
In the post-war replanting programme, which
was completed by 1952, the predominance of broadleaved trees over conifers was maintained: (fn. 72) in 1958
in the Forest, Highmeadow woods, and a number
of smaller local woods acquired by the Forestry
Commission 12,530 a. were under oak and other
broadleaved trees, 5,886 a. under conifer, and 1,430
a. were mixed woodland. (fn. 73) During the earlier 20th
century the usual peacetime markets for the larger
timber produced were local sawmills at Parkend,
Soudley, Monmouth, and elswhere and the Forest's
mines continued to take large quantites for pit
props. Much cordwood went to the Cannop
distillation factory, which made charcoal until
1971, and a variety of uses for smaller produce
included brush handles and agricultural tools, made
at Longhope, and fences and hurdles, made at
Huntley. (fn. 74)
In 1958 the surviving royal demesne of the
Forest was calculated at 19,120 a., c. 16,400 a.
of it woodland and the remainder waste (adjoining the Forest hamlets), roads, or the sites of
mines and quarries. The Forestry Commission's
Dean surveyorship then also administered another c. 8,000 a. in adjoining areas, including
Highmeadow woods, the Tidenham Chase
woods (1,865 a.) of the former Sedbury Park
estate, acquired in the 1920s, and more recently
acquired estate woodlands at Flaxley, Lydney,
Clanna in Alvington, and Chase and Penyard in
Herefordshire. The administration, still headed
by a deputy surveyor with a small administrative
staff at Whitemead Park, then employed 18
foresters and c. 180 forestry workers. (fn. 75) Following a reorganization in 1968, Whitemead Park
was sold and a new local office opened at Coleford. Most of the woodman's and keeper's
lodges, many of which had long been tenanted,
were also sold. (fn. 76) In 1994, after further reorganization of the Forestry Commission, Dean and
the outlying woods of the area formed an administrative district of the South and West
Region of Forest Enterprise, the branch of the
Commission concerned with state woodlands;
the district's 11,113 ha. (27,460 a.) of woodland
included 7,880 ha. (19,471 a.) in the Forest,
where much former industrial land and waste
had been planted. Under the deputy surveyor,
based at Coleford, the employees were 8 administrative staff, 12 technical and supervisory staff,
and 30 forestry workers; there were usually also
30 or 40 workers employed in the woods by
contractors felling for buyers of timber. (fn. 77)
From 1960, as the national policy for a strategic timber reserve was modified, management
plans for the Forest laid more stress on commercial enterprise and the planting of the most
profitable species. Planting in the 1960s was
mainly of conifer, so that broadleaved trees
covered only 42 per cent by 1971 when, after
public protests, the Minister of Agriculture
directed that the proportion should decrease no
further. New broadleaf plantations were made
later, and the policy being followed in 1994 was
intended to achieve and maintain equal areas of
conifer and broadleaf. (fn. 78) In 1991 oak remained the
principal broadleaved species, forming 28 per
cent of all the trees in the Forest and the outlying
woods of the district, with 11 per cent beech and
smaller amounts of ash, birch, and chestnut; the
principal conifers were Douglas fir (16 per cent),
Norway spruce (11 per cent), and larch and
Corsican pine (each 7 per cent). (fn. 79) Large areas of
the broadleaf woodland of the district, 1,708 ha.
out of 5,290 ha. in 1992, were classed as conservation woods and managed as a public amenity
with only limited commercial exploitation. They
included the surviving early 19th-century oaks,
which were mostly concentrated in the Cannop
valley and around the Speech House, and the
district's Wye Valley woodland. Also to be preserved as an amenity were 86 ha. of 'community
woods', which bordered villages and hamlets, and
some older stands conifers. (fn. 80) In the early 1990s the
commercial enterprise in the district produced c.
50,000 cubic metres of timber a year, mostly in
softwood. About 55 per cent of the output was in
the form of saw logs, c. 20 per cent in chipwood
for furniture and other uses, c. 15 per cent in
pulpwood for paper and board, and the rest in
firewood and fencing material; all timber was
then sold standing. Coppicing was then employed only in parts of the conservation
woodland, as a means of encouraging the growth
of wild flowers. (fn. 81)
The running of sheep in the Forest, though a
matter of less bitterness between the commoners
and the authorities, had become of more general
concern by the mid 20th century. Many traffic
accidents were caused by sheep straying on the
Forest's roads, there were complaints from the
growing residential population about damage to
gardens, and the Ministry of Agriculture was
concerned at the possible spread of diseases by the
unregulated grazing. In 1958, in the months before
the autumn sheep sales, it was estimated that c.
6,000 sheep and 4,000 lambs were being grazed
by c. 250 owners, still mostly part-time or retired
miners. By then no horned cattle were pastured in
the open Forest, but considerable numbers of pigs
were turned into areas adjoining the villages and
hamlets, and some geese and poultry. A parliamentary committee, appointed in 1955 and
reporting in 1958, was largely concerned with that
aspect of the Forest administration. Besides registration, branding, and the introduction of a stint,
it suggested that parts of the Forest be set aside as
fenced sheep reservations. (fn. 82) The Forestry Commission experimented inconclusively with a sheep
inclosure, but other recommendations of the committee were not implemented. (fn. 83) In the 1970s,
however, negotiations between the Commission
and the Commoners' Association led to an agreement in 1981, under which a limit of 5,000 ewes
was introduced, 4,500 to be grazed by Association members and 500 by owners approved by
the Commission. (fn. 84) That agreement remained in
operation in 1994 when grazing was supervised
by a shepherd appointed by the Commission
and a pound was maintained at Yorkley. Some
of the problems caused by the freely wandering
sheep remained. A plan to surround Cinderford, the main centre of population in the
commonable area, with cattle grids had not been
implemented, though some new housing estates
were protected by grids. Over 30 sheep a year
were killed in road accidents. A few pigs were
still pastured, restricted to a pannage season of
25 September to 22 November. (fn. 85)
The verderers' court survived in the 20th
century as an advisory body to the Forest
authorities and a means of representing the
views of local inhabitants. An Act of 1927 provided that the verderers be consulted on all
bylaws made by the Forestry Commission. The
deputy surveyor had attended the court since the
1860s or earlier, (fn. 86) and from the mid 20th century
other Commission officers also came to discuss
matters such as the provision of amenities, opencast mining schemes, and commoning rights. (fn. 87)
From the early 19th century the verderers had
usually been appointed to commissions for new
inclosures, (fn. 88) and their consent was necessary for
exchanges of small parcels of commonable waste
for other parcels of Crown freehold which were
permitted under an Act of 1906. (fn. 89) The old
landowning families were represented as verderers into the later 20th century by Sir Launcelot
Crawley-Boevey (d. 1968) and by Charles
Bathurst, later Viscount Bledisloe, who served
from 1907 to his death in 1958 when his son, the
2nd Viscount (d. 1979), succeeded. A local
coalowner, Sir Francis Brain, served from 1912
to 1921, and later verderers included John Watts
(d. 1972), a Lydney industrialist, Reginald Sanzen-Baker (d. 1991), a former deputy surveyor
of the Forest, and Dr. Cyril Hart, a forestry
consultant and historian of Dean, who was senior verderer in 1994. From the mid 1970s the
symbolic 40-day adjournments of the court were
no longer recorded and the court was convened
quarterly under the style of the special court of
attachment. Those meetings continued in 1994
at the Speech House hotel. (fn. 90) Elections of new
verderers continued to be made at county courts,
convened by the high sheriff at the Shire Hall in
Gloucester. (fn. 91) The role of the verderers, the last
vestige of the medieval administration, was
confirmed by an Act of 1971 which ended the
forest law and the Crown's game rights in Dean
and other Crown forests and repealed much of the
old legislation, including the Act of 1668. (fn. 92)
The Forest had long attracted visitors, partly
because of its proximity to the more widely
known Wye Valley region, and its use for
public recreation had become part of Forestry
Commission policy by 1938 when, with other
surrounding woodlands, it was made into a
National Forest Park under a committee. A
camping ground was opened at Christchurch,
Berry Hill, in 1939. (fn. 93) The main development
of the area for recreation was from the 1960s
when the last deep mines and railways
closed, to be followed by new planting and
landscaping to remove the scars of the industrial past. The Commission's role included
the signposting of footpaths, introduced in
1965, the opening of bicycle paths on some of
the old railway tracks, and the provision of
sites for camping, picnicking, and car parking.
By 1994 it had established 10 picnic sites, of
which the most frequented were at Symonds
Yat rock, above the Wye Valley, and at
Beechenhurst, in the Cannop valley near the
Speech House, and four main camp sites,
besides others for the use of youth groups. (fn. 94)
Nature reserves were formed in association
with amenity bodies, and several areas of
woodland, a total of 600 ha. by 1992, were
protected as Sites of Special Scientific Interest. (fn. 95) The sale of leaflet footpath guides and
fees from the camp sites and car parks provided additonal income for the Commission,
though in 1994 80 per cent of its income from
the Dean district still came from the timber
enterprise. The Dean National Forest Park,
though the designation was still used, had no
separate administrative body in 1994, but the
Commission had recently instituted a general
advisory panel on recreational use of the Forest,
composed equally of representatives of local
government bodies and of clubs and societies. (fn. 96)