Page:VCH Rutland 1.djvu/315

 FORESTRY trespassers in alleviation of the labours of John Hakelut the warden or keeper.^* During the reign of Edward I several inqui- sitions as to offences against the forest laws were gradually substituted for special inquisitions, and in the year 1306 this change of procedure was formally sanctioned under the name of ' swain- mote ' by the Ordlnat'io Foreite^^ according to which general inquisitions were held as to all manner of forest trespasses against vert and veni- son, as presented by the foresters, before a court of local foresters and verderers, as well as of knights and of other good and loyal men of the neighbourhood. The justice of the forest or his lieutenant was also present. A large number of «uch inquisitions arc extant for the latter years of the reign of Edward III. One of these inquisitions for the forest of Rutland was held at Uppingham on 3 July 1309, before Peter atte Wode, lieutenant for John de Foxley (who was general warden or justice of the forests south of the Trent), on the sworn presentments of Henry Boyville lieutenant of John Wardeu, seneschal of Rutland forest, six foresters, two verderers, twelve regarders, twelve free tenants within the forest, and twelve free tenants outside the bounds. These forty-five forest ministers and free tenants made five presentments. They said (i) that John Wardeu and William Wardeu, vicar of Bodiham, had occupied for six years a certain portion of land ■of the king's, about 30 acres, at ' Calkeleghes' in Leighfield, and received the profits to the annual value of 13;. i^d. ; (2) that the same John had cut great boughs of the king's oaks, both within and without the park, during the like period, to the value of dos. ; (3) that the same John and Alice his wife were enfeoffed of the bailiwick of the stewardship of Rutland Forest simply through the mere deed of Robert Wardeu and John Porte, without any writ or licence of the king ; (4) that John Wardeu, the steward or warden of the forest, presented offenders at the swainmotes or courts of attachment by his own action with- out others assisting, and this at his own house outside the county, without the presence of the verderers, and had thus levied fines of 6s. Sd. on various men for his own use ; (5) John Wardeu has also referred a certain Robert Brerlee to the office of a forester, who had been previously removed from that office in consequence of a •venison trespass.*" Mr. Turner also gives ex- tracts from others of these Rutland inquisitions, including a charge of 1365 of killing a pricket (a buck in its second year) with bow and arrows in the bailiwick of Beaumont ; and a statement of 1370 as to one L. H. riding through his bailiwick of Leighfield, with greyhounds in leash, " Pat. 25 Edw. Ill, pt. ii, m. 25. " S/at. of Realm, i, 148. "• Forest Proc. Exch. T.R. no. 307. 255 when the greyhounds broke the leash and killed a doe, though L. went to the deer's aid ; and a charge in 1373 against the prior of Launde of having an uninclosed park near the forest.*' These various inquisitions, when they refer to venison offences, are exclusively concerned with fallow deer. Richard II granted for life to the Earl of Oxford, in 1385,1116 castle and lordship of Oak- ham, together with the forest of Rutland.*^ In 1387 Edmund, Duke of York, the king's uncle, obtained a life grant of the keepership of the forest of ' Roteland et la Leyfeld,' lately William de Burgh's, one of the king's justices, which had come into the king's hands in consequence of his forfeiture.*^ Henry IV in 1399 granted to Robert Bendowe the office of ranger of the forest of Rutland, with wages of bd. daily, in succes- sion to Thomas Whitherlee, deceased." In the following year Henry IV granted to Hugh Nor- burgh the keepership of Rutland Forest and the manor of Leigh, of the yearly value of forty marks or more.*' In 1405 the offices of steward and master forester of this forest were granted by the Crown, during pleasure, to the king's knight John Blount, with the accustomed wages, fees, and profits.*^ These last letters patent were revoked in the following year, on the complaint of William de Burgh and Marjory his wife, who successfully urged that they were in possession of the bailiwick, from which they had been unjustly removed in the previous reign.*' The survey and governance of vert and veni- son in the forest of Rutland was granted by Henry VI, for life, in 1439, to Sir Ralph Crom- well ; ** but in January of the following year this office was transferred for life to Sir Robert Roos, to hold by himself or by deputy for life ; it is remarked in the patent that the deer and game of the said forest had been much dimin- ished for lack of proper survey.*' Anne daughter and heir of William de Burgh and wife of Richard Chisulden died in 1444, and it was found that she was seised ' in her demean as of fee of the mannore of Lye, and of the custody of the forrest of Rutland, with wyndfallin wode, dere fallin wode, cabliciis, woodsylver, hegging- sylver, attachiaments of the forresters, with the issues and profits of the swainmots and chimin- age, as also the power of making and removing all forresters of the said forrest at her will ; and that the said forrest is held of the king in capite, the profits of which said forrest were then valued " Turner, op. cit. xlix-1. " Pat. 9 Ric. II, pt. i, m. 37. " Pat. I Hen. IV, pt. iv, m. i 5. " Ibid. pt. viii, m. 10. « Pat. 6 Hen. IV, pt. i, ni. 3. " Pat. 7 Hen. IV, pt. i, m. 13.
 * ^ Pat. II Ric. II, pt. ii, m. 18.
 * ' Pat. 18 Hen. VI, pt. i, m. I.
 * ' Ibid. pt. iii, m. 29.