Contents of the fikst volume

fertile and sheltered grounds beneath ; in this state they remained among the last retreats

of the wolf, and the abode of stags, roes, 2 and bubali, or wild cattle, which are mentioned

by Leland as remaining not long before his time at Blakeley, 3 and of which tradition records

that they were transplanted into the dean's or abbot's park at Whalley, whence they are

reported, on the same evidence, to have been removed after the dissolution to Gisburne

park, where their descendants still remain. 4

A domain so stocked would probably be preferred by a Norman hunter to the most
1 This is the distribution uniformly observed in the Tower records, where, so far as I recollect, the subdivisions of

the Forest of Blackburnshire are never mentioned.

2 The existence of the roe in Bowland is pretty plainly indicated by the word roe-cross in the perambulation.

But, independently of particular evidence, there can be little doubt of the fact, for, though now confined to the highlands

of Scotland, it was once general in England, was referred to in the forest laws, and was mentioned by Leland as actually

remaining in his time in the marches of Wales. Vide supra.

3 [" Wild bores, bulles, and falcons bredde in times paste at Blakele." Itin. vii. 57.]
4 In Mr. Bewick's History of Animals is a good account, and better engraving (for his wooden cuts have a spirit

peculiar to themselves) of this animal. He mentions a tradition that they were drawn to Gisburne by the power of

music : whatever truth there may be in this, there is no doubt of the general fact, that wild animals are capable

of being affected very strongly by melody ; and it requires not always the hand or lyre of Orpheus to work upon their

feelings, for, in the year 1782, 1 saw at Edinburgh a stag who had followed the bagpipes of an highland regiment from

his native mountains, tractus dulcedine cantus. [In his History of Craven Dr. Whitaker subsequently published a

plate representing the wild cattle at Gisburne.]

BOOK III. CHAP. IV.]

FORESTS.

283

fertile portion of his territories. And our ancient lords appear to have heen sufficiently

jealous of this part of their territories ; for while they grant, with wonderful liberality, free

chace and warren to their dependants over more cultivated tracts, it is always, excepting

in a single instance, with a reserve of thefera bestice within the haiee dominicales, 1 and, in

that one instance, the indulgence extended only to ad unius teli jactum.* The ancient

deans of "Whalley possessed and certainly exercised the right of hunting within the forests,

which had been transmitted to them from the earliest times ; but it was regarded with

little complacency by the lords ; and, before the translation of the abbey of Stanlaw to

Whalley, Henry de Lacy extorted from Gregory, the first abbot, an express renunciation

of that privilege 3 , which, as he was probably no outrider that loved venery,* like his secular

predecessors the deans, would be obtained from him without reluctance. But, at an
1 Parks have sometimes been defined to be forests inclosed ; and forests, open parks. But it appears that the

forests themselves were sometimes bounded by hedges or paling, here called haice dominicales. This word is of such

extent, and appears so frequently in the composition of local names amongst us, under its dialectical varieties of hey,

hay, hawe, hag, haigJi, that it may be worth while to investigate its origin, meaning, and different applications. 1st.

then, paej the original Saxon word, signified merely a hedge, and this was softened down into the old French word

haie, or haye. All the other varieties of the word are to be traced to these two sources, accordingly as different places

happened to be more strongly tinctured with the old language of the country, or with that which had succeeded it.

Thus the hawthorn is the hedgethorn, and the hagber (in the dialect of Lancashire), the bird cherry, is the berry of the

hedge : in this sense it is used by Chaucer, " There is neither bush nor haye." E. E. But, by an easy metonymy, the

word was transferred from the inclosing fence to the area inclosed by it. These were sometimes woods, sometimes

pastures, and sometimes parks : of all these, instances will now be adduced. 1st. In the Pipe Rolls 17 Henry III. we

have " Haga de Burchenwode." Again, Eobert de Lacy grants " boscum qui vocatur la Haia de Akerington," and in

Briercliffe is a wood called Haughton Hag. 2nd. The many heys in Lancashire were pastures inclosed with hedges.

3rd. Parks were frequently denominated haigh, hay, or de la haye. Thus the well-known Eothwell Haigh near Leeds

(Hopkinson's MSS.) was the park belonging to the manor-house of the Lacies at Eothwell. The out-park of Skipton

castle is called the hawe park, and that of Knaresborough the haye park. To these instances may be added the forest

of Hay, in the marches of Wales. But this last application of the word will lead to another inquiry nearly akin to our

present subject. To the ancient economy of our royal and baronial castles usually belonged two parks, one (a park

inclosed with a wall, Chaucer) probably for fallow deer, after the introduction of that species ; the other for red deer,

fenced with a hedge and paling ; or, in the words of Bracton, 1. 2, c. 40, No. 3, " vallatum fuit et inclausatum fossato,

haia, et pallatio." These were contemporary with the forests and forest laws ; the park of Woodstock, which, how-

ever, is the first on record, being mentioned as early as Henry I. : so that Mr. Pennant was mistaken in supposing that

parks had their origin in the destruction of forests. But in ancient times every considerable manor-house had its park,

and the old patent rolls abound with licentiee imparcandi,

These greater and more remote inclosures for deer, surrounded by the fossatum, haia, et pallatium, were the hay

parks mentioned above ; and the words, as well as many remains, in Musbury, Cliviger, &c., prove the manner in

which these haits dominicales were constructed, viz. with a ditch and rampart surmounted by pales. This last word is,

in all our ancient charters, expressed by Bracton's word pallatium, and the old plural form of the word pale, which

was paliz, has given origin to Paliz-house, in Habergham-eaves, (very improperly called Palace-house,) and to the

word palliser, or keeper of the pales, an office, so far as I know, peculiar to the forest of Knaresborough (Ext. For. de

Knaresborough, MS. pen. Auct.), since grown, like Parker, Forester, &c. into a proper name, which will call to mind a

pious Metropolitan of the last [the 17th] century, and a gallant Admiral of this [the 18th].

[At Shenston in Staffordshire, and at Beverley, Newsham, Sheriff Hutton, Topcliffe, and other places in York-

shire, the same officer is called the Paler or Payler of the parke, in Harl. MS. 240.]

2 Vide MERLAY MAGNA. 3 [See before, p. 174.] 4 Chaucer.
2o2

284 HISTORY OF WHALLEY. [BOOK III. CHAP. IV.

uncertain period during the occupancy of the Lacies, the first principle of population com-

menced j 1 it was found that these wilds, bleak and barren as they were, might be occupied

to some advantage in breeding young and depasturing lean cattle, which were afterwards

fattened in the lower domains. Vaccaries, or great upland pastures, were laid out for this

purpose ;" booths or mansions erected upon them for the residence of herdsmen ; and, at

the same time that herds of deer were permitted to range at large as heretofore, lawnds, by

which are meant parks within a forest, were inclosed in order to chase them with greater

facility, or by confinement to produce fatter venison. Of these lawnds, Bowland had

Radholme and Leagram, Pendle had New and Old Lawnd, with the contiguous park of

Ightenhill, Rossendale had Musbury, and Accrington Newlaund.

But in process of time, when the lords no longer visited these remote parts of their

territories periodically, in order to consume their produce, these vaccaries were demised to

tenants, first at will, and afterwards for years ; and, in the 22nd of Henry VII. (1506-7)

that wary prince first issued a commission for their approvement at advanced rents,

directing, what it seems his letters patent alone were unable to perform, that they should

be converted into copyholds, and held in perpetuity.

They were under the superintendance of two master foresters, one for Blackburnshire,

and one for Bowland, and the former had under him an inferior keeper in each, of which

that of Rossendale inhabited the chamber of the forest, and had the direction of other still

inferior officers, termed graves (from the Saxon GejieJ>a, prsepositus), or reeves of the

forest.
These observations on the history and constitution of the forests are intended as an

introductory sketch to render the following details more intelligible ; but it may not be

improper to add that they still bear the marks of original barrenness and recent cultiva-

tion, that they are still distinguished from the ancient freehold tracts around them, by

want of old houses, old woods, high fences (for these were forbidden by the forest laws 3 ), by

peculiarities of dialect and manners in their inhabitants, and lastly, by a general air of

poverty, which all the opulence of manufactures cannot remove.
To confirm these remarks, and to prevent the possibility of offence, we will call upon

the old inhabitants to describe their soil and climate for themselves, which they are ready

to do with great truth and simplicity. " We find," say the jurors (in the time of James I.)

" that the quality of the said boothes and vaccaries is cold and barren; yet, by manuring,

marling, and tilling, will yield a certain grain called oats ; and, after such marling and
1 It is to the credit of the monks that the first systematic attempt at inclosing and reclaiming any portion of these

wastes was made by them. Vide Brandwood, under Rossendale.

3 " By vaccary," saith Sir Edward Coke, " is signified a dairy house." But the following quotation will prove

vaccaries to have been large upland breeding farms.

Henry VI. A.B. 9, grants a vaccary, called Batterax, for 32 vaccee, 1 bull, and their issue (exitu eorum), both at

summer pasture, and hay in winter. Vide BOWLAND.

8 If a man have licence to inclose any ground within the forest, he may not inclose the same cum altd haid et

fossato, vel cum alto pallatio. Assiz. Forest, de Lancaster, 12 Edward III. Man wood, c. 10.

BOOK III. CHAP. IV.]

FORESTS.

285

tillage, in a short time it will grow to heath, ling, and rushes." And, in an humble

petition to the King, they declare, " that the soil of their country is extremely barren, and,

as yet, not capable of any other corn but oats, and that in dry years, and not without

continual manuring every third year, and that they have no timber trees within many

miles thereof." It is difficult to read this account without shivering. 1
The last circumstance, however, though indisputably true, is hard to be accounted for.

The forests had been originally overspread with native woods of oak, hazle, birch, alder,

and pine, and it is easy to conceive how these might have grown up and extended them-

selves, while graminivorous animals were rare upon the earth ; but how, after having

covered the face of the country for centuries, and after having produced, by the dropping

of their seeds, a perpetual undergrowth of rising plants, they should at length decay and

perish without the hand of man, is a difficulty more easy to state than to solve : yet that

they did so perish is demonstrable, for the mosses abound not only with trunks, but stools

of trees, too large by far to have been destroyed by beasts, yet without a vestige of the

stroke of an axe, and in a state which proves them to have sunk within the surface of the

earth by gradual decay. As an attempt, however, at a solution of this fact, I will hazard

the following conjecture : that, after a long period of time, the rotting of neglected woods

may generate too large a proportion of soil, consisting of vegetable particles alone, and

that the roots of the surviving trees, unable at length to strike into the original surface of

the ground, have to extract their nutriment out of a substance which the whole analogy

of nature shows to be either noxious or innutritious at least, namely, the exuvia3 of their

own species.
Another singular fact is this, that in the peat mosses, which are known to be

powerful preservers of animal substances, no horns, or other remains of deer, have ever (so

far as I know) been discovered, whereas in the bogs of Ireland the skeletons and antlers of

the great segh deer, a much rarer animal everywhere than the stag, are far from being

unfrequent.
A third circumstance, which deserves to be attended to in the general history of these

forests, as it proves not merely that they were rejected at the first colonization of the

country after the Saxon conquest, but that they were antecedently in a state of nature, is,

that they must have been utterly unoccupied by the Romans. This fact has been

observed by antiquaries concerning our forests in general. Mr. Lambard, in particular,

remarks that no monuments of Roman antiquity are to be met with in the Weald of

Kent. The same reflection may be made upon the Chiltern Hills, upon Bernwood Forest,

and all those parts of England which were of old uncultivated woods and deserts. 2 And

1 In the year 1698, "a very late harvest, for there was much come never housed, but som persons cut it and

gave it there entail, and at the Newe Church in Pendle there was corne to house in the latter end of December.

Mr. White, our vicar, tould me he saw some to house February 12th, which belonged to the clarke of the New Church

in Pendle." MS. Journal of Thomas Braddyll, Esq. This calamity probably has not been paralleled till the disastrous

year 1799, from the effects of which the poor of this country are now (May 1800) suffering many of the horrors

of famine. 2 Bishop Kennet's Par. Ant. p. 11.

286

HISTORY OF WHALLEY.

[BOOK III. CHAP. IV.

accordingly, in our Blackburnshire chaces, I know not that a coin, fibula, or other trifling

relic has ever been discovered, to prove that they had ever been traversed by that active

people. Bowland alone, from its situation, was unavoidably crossed by the great road '

from Coccium to Bremetonacse.
We will now go on to a particular survey of the Forest of Blackburnshire, considered,

1st, with respect to its general history ; 2nd, with respect to that of its four subordinate

divisions. The first important transaction affecting this forest, in general, is explained by

the following

COMMISSION FOR G-RAUNTINGE OF THE FORRESTS,

In anno vicesimo secundo Henrici septimi.

Henry, by the grace of God, Kinge of Englande and of France, and Lorde of Irelande, to our trustie

and well-beloved the Stewarde that nowe is, and that hereafter shall be, of our possessions of Blakburne-

shyre, within our countie palatyne of Lancaster, greeting. For so much as heretofore we, by our 1'res

of commission under the seale of our dutchie of Lancaster, have deputed and appointed Sir John Boothe

and others to vewc and survey all our groundes, castles, and lordshyps within our said countie palatyne, and

thereupon to improove the same and every parcel of them for our most singuler profitt and advantage,

whereupon we understand that our said commissioners have indeavoured themselves, surveying and approving

the same accordinge to our saide commission and pleasure, and have made graunte and promisse of lease of

certaine of our landes and tenements within our saide county, to the tenor and effect of a schedule to these

our 1'rcs annexed, to certaine persons, to have and to hould to them and their heires for terme of lyfe or lyves,

or for terme of yeares after the customo of the manor by copie of court roll, for execution and accomplish-

ment whereof we have authorized, and by these presentes authorize and geve you full authoritie and power

by these our 1'res, callinge unto you the saide Sir John Boothe, and by his advyse to sett and lett all suche

of our said landes and tenements as bee or lye within your said office, to the said personns for suche rents

yearlie as bee contained in the said schedule, to have and to houlde to them and to their heires or otherwise,

for terme of licfe or yeares, at the libcrtie or choise of our said tenantes, and for the full accomplishment of

the said promisse and graunte, taking sufficient security of the said persons for the sure paimente of the

same rente, as yee shall see best and most convenient. And also that upon the death or exchaunge of everie

tenant, that yee make newe lease or leases to such personne or personnes after the deathe or exchaunge of

any such tenant or tenants of the same, as the same land shall happen to be granted by you, takinge of everie

suche tenant as shall happen to exchannge or decease, one whole yeares rent of the said tenemt. and that yee

shall take for a fine, accordinge as other our tenentes there, beinge copiehoulders, tyme out of mynd gave

and used to paie in suche cases, over and above their ancient and oulde yearelie rent of the same, provyded

and alwaie foreseene that yee, by color of your said leases, doe not demyse our said rent, fynes and gersomes,

nor other duties, due and demandeable for us in that parte. And these our 1'res shal bee unto you at all

tymes sufficient warant and discharge in this behalfe ; whiche our 1'res wee will that yee doe enter into your

court rolles, there to remaine of recorde for the more suertie of everie of our said tenants, for their saide
1 A considerable portion of this road was lately uncovered in the estate of Knolmere, where it appeared to be a

pavement of broad and heavy stones, very artificially wedged and compacted together. But the most extraordinary

circumstance was, that no wheel-carriage had, as far as could be discovered, ever traversed it. It follows, therefore, that

the baggage of the Roman armies, except what was borne by the legionaries themselves, was wholly conveyed along

these mountainous districts on horseback. This difficulty of conveyance will partly account for a fact which I have

already stated as highly probable ; that the line from Kibchester to Overborrow was abandoned, in the reign of Philip,

for that which passed by Blackrod and Lancaster.

BOOK III. CHAP. IV.] FOREST OF BLACKBUENSHIRE. 287

leases, to bee had and made accordinglie. Greven at our cittie of London, under the seale of our saide

duchie, the 19th dale of Male, in the 17th yeare of our reigne. (1502).

The effects of this commission will be explained hereafter. But it may be necessary

to observe here, that it was a commission to approve and not to disforest ; as the following

example, in which especial provision was made for the preservation of the deer, will

abundantly prove :

" Feely Close always hath beene agisted to y e sume of I'S.l. xis. vmcZ. and noe more, because of y e

recourse y' y e deere of Pendle hathe thereunto, and yt was thought by us that they should have the same

y* saveinge y e like course of deere as hath been used afore." Comm. Henry VII. ut supra.
Other facts to the same purpose will occur under Rossendale.
In consequence of this commission grants of the vaccaries were made, and upon the

faith of these titles, houses were built, and improvements, such as the soil was capable of,

were made ; lands were bought and sold ; the first grantees died off, and their heirs or

other representatives were regularly admitted in perfect security for more than a century,

when the Crown lawyers of James I. discovered, or pretended to discover, that copyholds

of inheritance could not be created, that the lands of the newhold tenure were of the

nature of essart lands, and the occupants a sort of tenants by sufferance. This was a

thunderstroke, as it shook to the foundation the titles to twenty-five thousand Lancashire

acres of land, and destroyed the comforts and the hopes of many families who lived in

competence and quiet upon these new improvements, without any other resources.

It may not be uninteresting, at least to the descendants of the parties concerned, to

give a short abstract of the proceedings in this transaction.

1st. An Information exhibited by Sir John Brograve, Knt. in the Duchy chamber, against Richard

Townley of Townley, Richard Shuttleworth of Gawthorp, Nic. Townley of Royle, Nic. Banastrc of

Altham, Esqrs. &c. who have unlawfully, according to their pretended titles, without any title, right, cus-

tom, warrant, or authority, entered and intruded into certain lands, parcels of the honor, castle, manor, or

lordship of Clitheroe, in the manors of Colne, Accrington, and Ightenhill, and in the forests or chases of

Rossendale,. Pendle, Accrington, Trawden, &c.

2d. A letter directed to Mr. Auditor Fanshaw, and Ralph Asheton, of Lever, Esq. deputy steward,

signifying that there were within his Majesty's Honor of Clitheroe divers lands which have been only

granted by the steward, and by warrant to the steward made, which parcels have been improved out of his

Majesty's forests and chases, there commonly called lands of the newhold, which are only, however, of the

nature of essart land, and cannot be claimed by custom or prescription to be copyholds, 1 &c. offering, how-

ever, in his Majesty's name, to perfect their respective titles to the said essart lands, and requiring them to

convene the tenants, in order to receive proposals from them for that purpose.
Dated Ap. 5th, 1607. And signed J. SUFFOLK, H. NORTHAMPTON, SALISBURY.
1 The lawyers evidently mistook the meaning of this word (essart), which they confounded with purpresture or

encroachment: whereas essarts were often held by the firmest titles, and nothing was more common than for the ancient

lords to grant lands, essartas et essartandas : which would be nonsense, if rendered encroached and to be encroached.

288 HISTORY OF WHALLEY. [BOOK III. CHAP. IV.

3d. Next follow a set of articles to be inquired of and presented by the jurors, concerning the nature,

extent, and other particulars of the lands commonly called newhold.

4th. Then a presentment of the booths within Eossendale, and of the rents severally paid by each, with

distinct and particular answers to the articles of inquiry.

5th. The humble petition of a multitude of his Majesty's tenants and copyholders, stating their claim

under the commissions of Henry VII. ; their long undisturbed possession ; the regularity of their admissions ;