The last justice seat in Eyre, or Supreme Court of Judicature for the royal forests, was held the same year as the above (1635) at Gloucester Castle before Henry Earl of Holland, on which occasion “the matter concerning the perambulation of this Forest was solemnly debated,” the counsel for the Crown producing the bounds thereof as settled by the 12th of Henry III. and 10th Edward I., with the view of obtaining its re-extension to Gloucester, Monmouth, and Chepstow. On the other hand, the counsel for the City of Gloucester, &c., brought forward the perambulations made 26th and 28th Edward I., confirmed by Letters Patent 29th Edward I., and by an Act of 10th Edward III. The Grand Jury, not being able to agree to their verdict on that day, which was a Saturday, desired further time in a matter of such weight; and on the Monday following decided, that the more extensive limits, comprising seventeen additional villages, were the true ones. But “their inhabitants being fearful that they would be
questioned for many things done contrary to the Forest Laws, the King’s Counsel, in regard of their being but new brought in, and long usage, thought it not fitt to proceed with any of them at that justice seat.” Amongst some 120 claims to rights and privileges of various kinds preserved in the Office of Public Records, [27] and put in at the same Court, was one of Philip Earl of Pembroke to be Constable of the Castle of St. Briavel’s and Warden of the Forest, under a grant from the King, and, as such, Chief Judge of the Mine Law Court.
In a.d. 1637 a grant was made to Edward Terringham of “all the mines of coal and quarries of grindstone within the Forest of Dean, and in all places within the limits and perambulations thereof, as well those within his Majesty’s demesne lands, and the waste and soil there, as also all such as lay within the lands of any of his Majesty’s subjects within the perambulation of the said Forest, to his Majesty reserved, or lawfully belonging, to hold for thirty-one years, at the yearly rent of £30.”
The next year (1638) is marked by the first effort which the Crown seems to have made to renew the crops of timber in the Forest, rendered necessary by the report that, on surveying it, a supply of no more than 105,557 trees, containing 61,928 tons of timber, and 153,209 cords of wood, of which only 14,350 loads were fit for shipbuilding, was found, as “the trees were generally decayed, and passed their full groath.” Accordingly, under the direction of Sir Baynham Throckmorton, 16,000 or 17,000 acres were ordered to be taken in, “leaving fit and convenient highways in and through the same.” After sundry meetings, the commoners consented thereunto, few or none objecting, in consideration of 4000 acres set apart for their use on the different sides of the Forest, as follows:—On the side next Lydney and Awre, 550 acres; towards Ruerdean and Lydbrook, 350 acres; near to St. Briavel’s, 500 acres; towards Little Dean, Flaxley, Abenhall, and Mitcheldean,
and the Lea, 876 acres; in Abbot’s Wood, 76 acres; on the side nearest to Newland and the villages of Breme, Clearwell, and Coleford, 900 acres; towards Newland, 174 acres; next to Bicknor, 350 acres; and towards Rodley and Northwood, 100 acres. The Lea Bailey, containing the best timber, was not included, but left open. The proportion observed in the size of these common lands is probably indicative of the way in which the population surrounding the Forest was distributed. Traces of the bounds of some of these allotments may yet be made out, by the remains of the ditches and banks with which they were fenced.
Such a scheme, if judiciously carried out, would have done much to secure the object in view, only it was connected unhappily with the entire sale made under the date of 20th February, 1640 (15th Charles I.), to Sir John Winter, of all the mines, minerals, and stone-quarries within the limits of the Forest, to work and use the same, together with all timber, trees, woods, underwood growing in any part thereof, in consideration of £10,000, and the yearly sum of £16,000 for six years, and of a fee farm rent of £1950 12s. 6d. for ever. This bargain was equivalent to selling the Forest altogether, and the inhabitants of the district, being greatly dissatisfied, took advantage of the approaching civil distractions to throw down the fences which Sir J. Winter had already begun to make.
Of those distractions, the first that occurred in this part of the county took place on the 20th February, 1643. Clarendon and Corbet record, that on this day Lord Herbert, the Earl of Worcester’s eldest son, and the King’s Lieutenant-General of South Wales, marched through Coleford and the Forest of Dean for Gloucester, at the head of an army of 500 horse and 1500 foot, the outfit and preparation of which is stated to have cost £60,000. At Coleford their progress was impeded by a troop of Parliamentarians under Colonel Berrowe, aided by a disorderly rabble of country people. An affray ensued, during which the old market-house was burnt, and Major-General Lawley, who commanded the
foot, “a bold and sprightly man,” with two other officers, were shot dead from a window, although not one common soldier was hurt. Colonel Brett was then put in command of the foot, Lord John Somerset continuing at the head of the horse. They forced a passage through, after capturing Lieutenant-Colonel Winter, together with some inferior officers and common soldiers, and so, putting the rest to flight, marched without further molestation for Gloucester.
In the April following, Sir William Waller, retreating from Monmouth towards Gloucester through the Forest, narrowly escaped capture by Prince Maurice, who was at hand to intercept him with a considerable force. Alluding many years afterwards to this adventure, he writes:—“Upon my march that night through the Forest of Dean, it happened through the sleepiness of an officer, that the main body was separated from the fore troope with which I marched, so that I was fain to make an halt for above half an hour, within little more than a mile of the Prince’s head-quarter, in broad daylight; the allarme taken, and not 120 horse with me. Nevertheless, itt pleased God in his infinite mercy to direct the rest of my troopes to me; and, under the conduct of his providence, to grant me a safe and honorable retreat to Gloucester, in despight of the enemy, who charged me in the reare, with more loss to himself than to me.”
But the individual who figured most prominently in these parts at this eventful period was the ardent royalist Sir John Winter. His case is thus quaintly stated by Sanderson:—“From the pen, as secretary to the Queen, he was put to the pike, and did his business very handsomely, for which he found the enmity of the Parliament ever after;” so that Corbet, one of their devoted adherents, designates him “a plague,” and his house of White Cross, near Lydney, “a den.” This place he had been secretly strengthening against attack for some time, storing it with arms and ammunition, and collecting soldiers; but he did not openly declare himself until the siege of Gloucester was raised,