FORESTRY 



their repair, while Luke, the dean of St. Martin's, 

 London, was authorized to sell loO marks' worth 

 of dead wood in the forest of Weardale as a set- 

 off to damages suffered in respect of his crops at 

 Middleham, which the late bishop had seized.' 



In 1254 Lord Robert de Nevill ^ sold, for 630 

 marks sterling, to the priory of Durham the 

 whole covert and produce [totum coopertum et 

 vestituram) of his wood of ' Aldewde ' near 

 Brancepeth, of which the metes are noted as 

 ' del West de Bruningburne usque Wivelingtona 

 et de Branspeth usque in Wer,' with livery 

 during a period of 30 years at the rate of at 

 least 6 acres a year. Throughout the entire 

 extent of ' Aldewde ' the monks were at liberty 

 to take the timber (meremium) as suited their 

 convenience, under restrictions^ however which 

 should safeguard the fresh growth of young wood. 

 The lord might indeed continue to send his 

 demesne oxen and swine from Brancepeth into 

 the wood, but with this exception the profits of 

 herbage and pannage fell to the prior and con- 

 vent. Furthermore, eyries of hawks and all 

 beasts of the chase {omnibus ferii) were reserved 

 to the vendor, with a saving clause that the 

 lessees should take no harm from the lord's 

 hunting. The foresters of both of the contract- 

 ing parties were pledged to have regard to the 

 interests of the other as well as their own. 



Late in the thirteenth century that high- 

 handed prelate Anthony Bek had much trouble 

 with his free tenants over various matters, 

 and for a time his franchises were resumed by 

 the king. At last an agreement was come to as 

 to the matters of complaint on 19 July, 1303. 

 The following were the forestry conclusions : 

 It was prayed that every freeman might course 

 and take all manner of beasts beyond the bounds 

 of the free chase, beyond the park and within the 

 free chase of Agregarth (or Arkengarth) for hares, 

 fox, cat, and badger, not now permitted ; the 

 bishop granted that every freeman might course 

 and take all manner of beasts of venison found 

 without the bounds of the free chase, if it be not 

 in park, or unless the beast chased is followed by 

 man or dog from out the chase. As to coursing 

 and taking hares, fox, cat, and badger within 

 Agregarth Chase, the bishop granted this to such 

 as are specially enfeoffed by charter by him and 

 his predecessors, save only his venison. 



Whereas the freemen of the bishopric, who 



' Close, 12 Hen. Ill, m. 14. 



' Hist. Dun. Scriptores Tres. (Surtees Soc. ix), App. 

 p. Ixxxiii. 



' ' Dummodo ita provideatur indempnitati domini 

 Robert! quod crescentla bosci illius salvetur post 

 secti nem ei in < mnibus per se vel suos providenda, 

 vidilicet quod de ramalio circa stipitem magnae 

 arboris incisae facient quandam clausturam, quam 

 licebit dictis Priori et Conventui in fine temporis 

 asportare et quod sectio fiet per pedem arboris, ita 

 quod sub securi nichil decorticetur.' 



2 3 



were attached for vert or venison of the free 

 chase, were wont to acquit themselves by jury 

 in all times of his predecessors. Bishop Anthony's 

 ministers have taken them and imprisoned and 

 retained them at will, by the averment of a 

 forester without any inquisition — the bishop 

 consented that such an attachment should cease, 

 and that offenders should be proceeded against 

 in the forest courts {en la court de la dite chace) 

 by inquest as elsewhere in England. 



Whereas all men who dwelt in the free chase 

 were wont to have wood for house and hedge 

 repair, and to be quit of pannage, the bishop 

 consented to the retaining of these customs. 



It was also agreed that the freemen of the 

 chase were not to be charged with more foresters 

 than they used to have, that no ward be divided 

 into two, that no forester be on horseback save 

 the two masters ; that the foot-foresters take no 

 corn-sheaves nor any other things from free 

 tenants. But the bishop reserved to himself the 

 appointment of other foresters at will, either 

 horse or foot, provided this was done at the cost 

 of himself and his villeins.* 



Bishop Kellaw's registers (131 1— 18) contain 

 references to woods on Weardale, at Evenwood^ 

 and elsewhere, and also grants of free warren, 

 made in the exercise of his palatine privileges.^ 



In the thirteenth century and subsequently 

 the extensive district of Weardale Forest, some- 

 times called the High Forest of Weardale, was 

 presided over by a chief forester, appointed either 

 for life or at the pleasure of the bishop. Robert 

 Strangeways, chief forester in the days of Bishop- 

 Langley (1406-38), had the custody of the 

 herbage of the park of Stanhope, and of the 

 frithopes of Middlehope, Swinehope and Weston- 

 hope, together with the houses on the Sheles, 

 granted to him in 141 9 for the term of fourteen 

 years, at a rent of 100 marks.* The lead-mining 

 of this forest was in the hands of the chief 

 forester, and he had the power of farming it for 



a term of 



years.' 



* Reg. Pal. Dun. (Rolls Ser.), iii, 64-7. Ct. hsi^i- 

 Xty, Palatinate of Durham, 132-3. It maybe men- 

 tioned here that a decision in the bishop's court in 

 1365 established firmly the right of an under-forester 

 to collect certain dues in kind from every husband- 

 land in the vill of Urpeth. Dur. Curs. 162, Nos^ 

 34-9, cited by Lapsley, Palatinate, 61 note. 



^ Reg. Pal. Dun. i, ii, passim. 



'Dur. Curs. No. 35, m. 17. 



' Ibid. No. 3, m. 5 d. It may be noted here that ia 

 1430 Bishop Langley granted to Robert Kirlchous, 

 ' irynbrenner,' all the wood belonging to him in a 

 certain district near the town of Crawcrook, ' except 

 ooke, esshe, holyn, wodapiltre, and crabtre ; and also 

 except all the wode that wol be felyes or beemes the 

 whuche allewey shall bee fellyd b. tha\'ys oftheconsell 

 of the forsad Bysshop afore that the colyers make 

 coke theer,' in order that he might convert it into 

 charcoal. Drp. Keeper's Rep. xxxiii, App. ii, 157,, 

 and Eng. Hist. Rev. xiv, 5 1 4. 



77 48 



