Laxton Charter

Charter by John, Count of Mortain, confirming Matilda de Caux and Radulph Fitzstephen as hereditary Wardens of the Forests of Nottinghamshire and Derbyshire and lords of Laxton, listing the rights that come with these titles. Click the Read the Document button to see a translation of the Latin text.

Historical Details

Background

The Latin text may be found in HE Boulton, The Sherwood Forest Book (Thoroton Society, Nottingham, 1962). The English translation is mine, and is a little shaky.
During the 1190s there were three forests in Nottinghamshire. Sherwood Forest stretched from Nottingham to the River Meden, and from Mansfield to Wellow. Hatfield Forest lay to the north, around Worksop, and the Forest of the Clay lay between them and the River Trent. The forests included all the open heathland, villages and fields within their boundaries, not just the woods. The word 'forest', in its medieval sense, is a legal one and does not refer only to woodlands.
Sherwood was first mentioned as a forest in 1154, but is probably older. Under the terms of the Magna Carta (1216) King John disafforested forests created since the death Henry I in 1135 (ie, he removed them from the jurisdiction of the Forest Law). Sherwood survived; Hatfield and The Clay did not. The earliest record of Sherwood’s boundaries dates from 1218, after the widescale disafforestation prompted by Magna Carta. It may have been more extensive during Richard's reign. The boundaries of Hatfield and The Clay are unknown. It is probably safe to assume that, at the time this charter was written, most of Nottinghamshire north and west of the Trent is subject to the Forest Law, though the Borough of Nottingham itself is exempt.
The primary royal forests in Derbyshire were the Forest of the High Peak, an area of high mountain moorlands and dales, and the Forest of East Derbyshire. Duffield Frith, though it became a royal forest in 1286. was a private chase held by the Earls of Derby until 1266 (between 1266 and 1286 it was part of the Duchy of Lancaster).

History

This document must date from between September 1189, when John gained the title Count of Mortain, along with the counties of Cornwall, Derby, Devon, Dorset, Nottingham and Somerset and lands in Lancaster, and April 1194, when King Richard stripped him of these lands at the Great Council held in Nottingham.
Boulton notes that the charter is 'confirming' the couple's rights, and suggests that this means they held them some years previously. David Crook, in The Early Keepers of Sherwood Forest, agrees, noting that Matilda de Caux was a minor when her father died, and the she married Fitzstephen soon after her majority.

Legacy

The charter proved invaluable to Matilda de Caux following the death of Radulf Fitzstephen in 1202. King John took both the manor and the wardenship of the forests back into royal control. Matilda mounted an 18-year legal battle to have her rights restored. She succeeded in 1220, during the minority of King Henry III, and died four years later.
By this time the extent of the forests under her control weas greatly reduced under the terms agreed by Magna Carta. Hatfield Forest and the Forest of the Clay were disafforested alltogether. The extend of Sherwood was reduced in 1218. The forests of the High Peak and Duffield Frith survived, but may have been reduced in extent.
With Matilda's death the rights passed to her aunt (also confusingly called Matilda de Caux) and through her children with Adam de Birkin to the Everingham family, who held it for much of the rest of the 13th century. Robert de Everingham was stripped of the position after being convicted of poaching in 1287. After that the wardenship became a non-hereditary office, with wardens appointed by the crown.

Read the Document

Laxton Charter

John, Count of Mortain, to all his friends and faithful men, ministers and bailiffs, greetings.
Know that I have granted and by this my present charter confirm Radulf FitzStephen and Matilda de Caux, his wife, and their heirs all liberties and customs in Nottinghamshire and Derbyshire wholly as the predecessors of the aforesaid Matilda had them, namely all the forests of Nottinghamshire and Derbyshire, with all fees of lands within the boundaries of the aforesaid forests, and they may have dogs to chase hare, fox, cat and squirrel throughout the aforenamed forest¹, and if anyone goes hunting or makes private enclosures the plea in respect thereof is theirs.
Furthermore I grant them all the fallen wood in the aforesaid forests, or that which was blown down by the wind, in my demesne woods outside my hedged enclosures or private yards, and that they may have the lop of the trees², and that they may hold court, and that they have one skep³ from every cartload of salt which is transported through the forest, and half a skep from a small cartload, and rerepannage⁴ throughout the whole forest.
And if a robber or poacher is caught within the forest by them or their servants all his chattels go to them, but the body of the thief or poacher shall be handed over to my judge to make my justice.
Furthermore I grant then the right to have one park at Lexington⁵ where they may hunt beasts and do what pleases them⁶ and 70 acres of assart at Lexington and Gedelling, and the receipts of forest dues and 'regards'.
Furthermore I grant them all pleas of dogs which are not hambled⁷ in the aforesaid forest, unless they are wild. All this I grant and by this charter confirm to the aforesaid Radulf and Matilda his wife and their heirs in perpetuity for their homage and service, and 40 silver marks and one destrier and one palfrey which they have given me, to hold of me and my heirs rightly and honourably, with all liberties and fees, rights and customs as their predecessors held them.
Witnessed by: Earl David, brother of the King of Scots; Galfrido FitzPeter; Hugh Bardolf; Walter of Dunstanvill'; Radulf of Meidnill Waryn; Roger of Newburgh; Robert of Morton; Engelram of Pratell; Radulf Murdac[8]; William FitzWalkelin; Roger of Amunudville; Theobald Walter; Hubert FitzRadulf; Robert of Heris.
At Derby.
Notes
¹ The right of free warren
² The word used to describe this is 'courpeones', which is not in any medieval Latin reference at my disposal. It could be 'cooperage' (which doesn't make sense), 'the crop and lop of trees' (which I've gone for), or 'barking trees'. The Victoria Country History says Matilda and Radulph had the right to 'the valuable inner back of lime trees', presumably based on the translation of this word. I think my translation is more appropriate, but I'm almost having to guess the word, so I wouldn't stake my life on it.
³ A dry measure equal to half a bushel (4 gallons, or about 17.6 litres).
⁴ Pannage is the right to fatten pigs on fallen beechmast and acorns in the woodlands in the weeks before Michaelmas. Rerepannage (after-pannage) allows them to do so after Michaelmas.
⁵ An archaic name for Laxton.
⁶ The Victoria County History suggests this meant they could hunt deer and other 'venison' beasts within this park (and within this park alone) whereas they could take hare, fox, etc. throughout the forest.
⁷ Hambling, or lawing, involved mutilating the feet of dogs by amputating two toes from the front feet so they were unable to chase game. It was very unpopular.

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Type

Manuscript, Legal

Medium

Vellum / Skin

Authoring Date

1189-1194

Location

Derby

Signatories (Characters)

• John, Count of Mortain