66

66

cost 1377. 108. to repair, and 301. 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 imagin"able 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 plan"tations having grown up, and their fences down." The sum total of salaries paid to the conservators and six keepers was 2107. 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 107. 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, 2197. 108."

66

66

66

66

66

66

66

66

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

66

66

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.

66

66

66

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 12d. 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.

Its proceedings were as follows:-Certain temporary orders, dated the 12th March, 1699, and 11th November, 1700, regulating the loading of horses and carts, forbidding any coal to be sent off by the river Wye below Welch-Bicknor, authorizing the raising of money for paying the costs of the miners' debts in law, securing the Records of their Court, and making the present deputy constable of St. Briavel's Castle a free miner, were confirmed and made perpetual. Mention is also made for the first time of "the utmost seventy being the greatest number ever comprised in the miners' jury. The order further directs that the Records of Mine-law, used at the hearing of the suit in the Exchequer, be recorded, and put into a chest, to be left in the custody of Francis Wyndham, Esq., whom the court had made a free miner, and that in paying any of the costs incurred in that cause a legal discharge be taken. Now the ton of 21 cwt. was fixed as a weight of coal, to be sold for 5s. to an inhabitant of the hundred, or for 6s. to foreigners; and every pit was to be provided with scales. Upwards of twenty of the fortyeight miners who formed the jury at this court put their names to the above verdict, the remainder being marksmen.

In the year 1705, Edward Wilcox, Esq., SurveyorGeneral to the Royal Forests, having carefully examined the condition of the woods in the Forest of Dean, stated that he found them very full of young trees, of which two thirds were beech, overtopping the oaks, to their injury; and he recommended that one sixteenth part, or about 700 acres, should be annually cleared and fenced in, which would yield a profit to the Crown of 3,500l. a year, and leave the standard oaks and beech to grow to perfection. Lord Treasurer Godolphin consented to this proposal, and granted a warrant for carrying it into execution; but it was petitioned against by those who claimed a right of common, whose freepasturage would thereby be lessened; at the same time, however, others were desirous that it might take effect, as they would get a living by cutting the underwood, and preparing it for the furnaces. At length on the 4th of July, 1707, the Attorney-General, Sir Simon Harcourt, decided that "no claim or right of common could pre

66

“vent the enclosing, keeping in severalty, or improving, as her Majesty should direct, the 11,000 acres mentioned in the Act of 20 Charles II., and preserving the same as a nursery of wood and timber only."

66

66

Another event of this year was the holding a Court of Mine Law, on the 1st of July, at Mitcheldean, but afterwards by adjournment at Coleford, before George Bond and Roynon Jones, Esqrs., deputies.

It confirmed the directions of a former court of forty-eight, that the law-papers produced at the late suit in the Court of Exchequer, with all the other records of the Mine Law Court, be collected forthwith, and consigned to the care of Francis Wyndham, Esq.; and that the law debts then incurred be at length paid, out of a 1s. rate upon every miner and mine-horse. The 20s. penalty for leaving pits unfenced was also reimposed. This "Order" bears the genuine signatures of nineteen out of the forty-eight jurymen, the rest merely making their marks.

In the next year, A.D. 1708, Mr. Wilcox, the SurveyorGeneral, represented to Lord Godolphin that the inhabitants of the neighbourhood had been stripping some of the trees of their bark, whereupon those trees, with any others not likely to be of any use to the navy, were ordered to be cut down and used for gates, stiles, and fences, or sold for the benefit of the Crown. Three years later a similar charge was preferred against certain colliers for cutting trees and wood, but we do not find that it came to anything.

66

Sir Robert Atkyns, to whom this Forest was well known, describes its condition at this time, as "containing only six houses, which are the lodges for so many "keepers. There had been many cottages erected, but "they had been lately pulled down; "not that there were literally no other dwellings in it, for the ancient "assarted" lands were probably so occupied, but the mining population lived for the most part in the surrounding villages. Speaking of the different Forest courts, he says "the Swainmote Court is to preserve "the vert and venison, and is kept at the Speech-house, "which is a large strong house, newly built in the "middle of the Forest for that purpose. There is "another court called the Miners' Court, which is di

"rected by a steward appointed by the constable of the "Forest, and by juries of miners, returned to judge between miner and miner, who have their particular "laws and customs, to prevent their encroaching upon "one another, and to encourage them to go on quietly in "their labour in digging after coals and iron-ore, with which this Forest doth abound." The room in which most of these courts were held retains its original cha

66

racter, only it has been floored with wood, and is no longer divided by rails into compartments for the jury and the accused. Stains of human blood once marked

Court Room in "the Speech House."