Condition of the Forest described, and management examined—Depredations—Ninth and tenth orders of the Miners’ Court—Timber injured by the colliers—The Forest in its best state, 1712—Eleventh, twelfth, and thirteenth orders of the Miners’ Court—Fourteenth order of the Miners’ Court—Swainmote Court discontinued—Extension of coal-works and injury of trees—Forest neglected—Fifteenth, sixteenth, and seventeenth orders of the Miners’ Court—Grant of 9200 feet of timber to the Gloucester Infirmary.
Reverting to the general condition and management of the Forest, an important commission was issued this year, 1692, to the Crown officers and some of the neighbouring gentry, directing them to examine and inquire into the six following particulars:—I. The quantity of coppicewood fit for being cut from year to year for twenty-one years to come—II. The annual charge for the next twenty-one years of maintaining the enclosures—III. What the cost would be of disenclosing certain coal-pits, with which some of the plantations were encumbered—IV. What the salaries of the Crown officers of the Forest amounted to, and the cost of making such repairs as the buildings they occupied required—V. As to the way in which the timber fellings of 1688 had been disposed of, with the state of the enclosures, if those who had charge of them had duly protected them from injury—and VI. How far trespass and pounding had been enforced, or unlawful building permitted.
These were all very important questions, and under the first head, as to wood fit to be cut for cording, &c., the commissioners report, that “there are great and
valuable quantities of scrubbed beech and birch, with some holly, hazel, and orle, fit to be cut and disposed of, being 192,000 cords, worth at 4s. 10d., amounting to £46,488, of which 12,000 cords might be cut every year, worth £2,900. Or, as the total quantity of such wood was 615,500 cords, their worth at 4s. 10d. was £148,745 16s. 8d., to which £60,000 may safely be added for future clearings if a twenty-one years’ lease be granted. £100 a year would suffice to keep the enclosures in repair.” The commissioners, in contemplating the expediency of making a grant adapted to the requirements of iron-making, supposing the King’s furnaces to be restored, considered that it “would utterly destroy the Forest, now the best nursery for a navy in the world;” since the party obtaining such a lease would be sure to consider their own advantage rather than the preservation of the district. They also urged that a grant like that intimated was opposed to the intentions of the Act of 20th Charles II., as also to the previous decisions of 1662 and 1674, and would cause much dissatisfaction amongst the freeholders of the Forest, who were prepared to petition against it. The commissioners recommended that “the making of the fellets, if put in execution, should certainly be intrusted to the present officers, who had given sufficient testimony of their care in such matters.” Their report adds that “the Lea Bayly is now a spring of oak and beech of four, five, and six years’ growth, but much cropped and spoiled by cattle, by reason the enclosures made for the preservation thereof have in the night been several times pulled down and destroyed by persons unknown.” The other places mentioned in the Act of 1668, called “Cannop Fellet, Buckholt, Beachenhurst, and Moyey Stock,” are described as “generally very well grown with oak and beech of fifty, forty, and thirty years’ growth, and under, many thousand of them being forty foot and upwards, without a bough to hurt them.” They further state, that some of the enclosure fences, especially those on the north-east side of the Forest, would
cost £137 10s. to repair, and £30 a year afterwards, perhaps, to keep them good, the other parts formerly enclosed not needing reparation, the trees being grown up past danger from deer or cattle, “unless in case of some accident, or pulling down by the rabble, as hath been sometimes done.” Viewing the places where the last fellets for cordwood were made in 1690, the commissioners state that “a very great stock has been left upon the ground for timber, and all imaginable care taken by the officers employed in making the said fellets, and preserving all the stores and saplings, with the principal shoots of such beech as grow upon old stools well sheltered by other woods, for the improvement thereof.” With reference to the expediency of throwing open such of the enclosures as contained coal-pits, we learn that no inconvenience was felt on that account, as “not more than six pits had ever been so situated, and now not one, those plantations having grown up, and their fences down.” The sum total of salaries paid to the conservators and six keepers was £210 per annum, arising from wood sales. Various repairs are stated to have been necessary. The Castle of St. Briavel’s, it is said, “hath been a very great and ancient building, but the greatest part is ruined and fallen down, and only some part kept up for a place to hold the courts in for the King’s manor and hundred thereof, and also for a prison for debtors attached by process out of the said courts, and for offenders and trespassers within the Forest. The same is very necessary to be repaired; and for mending the roof and tyling, and in glazing, plaistering, repairing the prison windows, and building a new pound, &c., will cost the sum of £10 14s. 2d. The cost of rebuilding Worcester and York Lodges, pulled down by the rioters in 1688, and repairing the Speech House, which was likewise much injured at that time, will be, they calculate, £219 10s.”
As to injury done to the woods, the following presentments amongst many others made by the keepers were instanced:—“John Simons of Blackney, for cutting
green orle wood. Edward Revoke and James Drew of Little Dean, for cutting and carrying away a young oak. The same Edward Revoke, for building some part of his house with wood out of the said Forest.” Respecting these depredations the commissioners recommend that, in consideration of the colliers having, time out of mind, had an allowance of wood, but not timber for the support of their pits, but which has been stopped for some time, it may be again allowed to them by order of the verderers, and taken by view of a woodward or keeper. The Attachment and Swainmote Courts are stated to have been “duly kept, although ineffectually to the preservation of the Forest, as they can only convict, but cannot punish; and that the trespass-money paid into the said courts in this reign does not exceed 5s., the only remedy being in having a justice seat held for the purpose once a year, for six or seven years.” The report is signed by Wm. Cooke, Re Pynder, Wm. Boevey, J. Viney, Jo. Kyrle, Phil. Ryley.
The ninth Mine Law Court was held on the 25th of April, 1694, at Clearwell, before John Higford and George Bond, Esqrs.
It confirmed the punishment already awarded against “the abominable sin of perjury,” to prevent which it directs that “no person shall be permitted to sweare in his own cause unless it be for a matter transacted underground, or where it was difficult to have any witnesses;” nor shall any bargain be binding unless it be proved by two witnesses.
All causes of debt or damage amounting to 40s. were to be heard on both sides as in other courts, the verdict being given by a jury of twelve miners; but in lesser causes by the Constable of the Court. Provision was also made that “every defendant have twenty-four hours’ notice to provide for his defence,” every witness being allowed 12p. a-day, the fees of the Court remaining the same as before, all which, as well as the defendant’s time, the plaintiff losing the cause, or being non-suited, had to pay. This “Order” also reduces the price of ore for Ireland from 8s. to 5s. a dozen bushels, pitched at Brockwere, or if at Wye’s Green for 4s. ditto; fire-cole at 8s. a dozen bushels; smith’s-cole, 6s., and charking at 8s., “without handing, thrusting, kicking, or knocking the same,” under the usual penalty. Eighteen miners out of the jury of forty-eight signed their names themselves “to this Order,” the remaining thirty only making their marks.
The earliest particular recorded in the next century bears date 1701, on the 27th January, in which year the tenth Miners’ Court of forty-eight sat at Clearwell, before Serjeant Powlett and George Bond, Esq., deputies to Charles Earl of Berkeley.