The Bailiwick of Ennerdale Est 1251 - Hon. George Mentz JD MBA CWM

 

 

Baronial Liberty of Ennerdale

The Bailiwick and Liberty of Ennerdale can be classed as a baronial liberty, and in some ways, it’s even more unusual than most of them.




1. What “Baronial Liberty” MeansSeal1

In medieval and early modern English law:

  • A liberty was a jurisdiction with certain rights exempt from the sheriff’s authority, often with its own courts and officers.

  • A baronial liberty was a liberty belonging to a baron or other magnate who held it directly from the Crown — often part of a feudal honor.

  • These liberties were sometimes further divided into bailiwicks, each administered by a bailiff under the lord.


2. Ennerdale’s Baronial Origin

  • Ennerdale was historically part of the Barony of Egremont in medieval Cumberland.

  • The lords of Egremont (including the Multon family) held it directly from the Crown with extensive forest and court rights.

  • The Forest of Ennerdale was one of several large forest bailiwicks in the area of the Honour of Cockermouth/Egremont, functioning as an autonomous jurisdiction within the barony.

  • After the medieval period, these forest liberties were managed as Crown possessions, but Ennerdale retained its own identity as a liberty and bailiwick.


3. What Makes Ennerdale Unique

  • 1822 Alienation: The Crown and Parliament sold the entire Forest, Manor, Liberty, and Bailiwick of Ennerdale outright to the Earl of Lonsdale in fee simple.

  • This was not a grant of office or tenure — it was a permanent transfer of both the land and the jurisdiction.

  • Because of this, Ennerdale today is:

    • A liberty (with rights historically independent of county authority)

    • A baronial liberty by origin (as part of a medieval barony)

    • A private alienated jurisdiction (fee simple) — almost unheard of in England.


4. Modern Status

  • In terms of legal history, Ennerdale stands in the same family as the great baronial liberties like the Liberty of Ripon, the Honour of Richmond, and the Liberty of St. Albans.

  • In practical modern law, its criminal jurisdiction via court leet is no longer exercisable (post-1977), but its property-based and ceremonial franchises survive.

  • This makes it the only surviving privately owned baronial liberty in England with a defined territory of over 17,000 acres.

Bailiwick and Liberty of Ennerdale – Chain of Title & Jurisdiction


1. Early History – Norse and Jarl Control

  • Pre-10th century: Ennerdale lay within the Norse-settled coastal and mountain territories of western Cumbria, influenced by the Kingdom of the Isles and the Earldom of Orkney.

  • Jarls & Norse Kings: The area was governed at various times by Norse jarls, sea-kings, and Hiberno-Norse rulers, who controlled coastal Cumberland and held sway over upland valleys like Ennerdale.

  • Norse place-names in and around Ennerdale (e.g., “dale” from Old Norse dalr) are a direct linguistic legacy of this period.

  • The territory was valued for its forests, rivers, and hunting grounds — functioning much like a free chase under Norse law.


2. Anglo-Saxon / Kingdom of Northumbria

  • 7th–10th centuries: Ennerdale became part of the Kingdom of Northumbria, one of the great Anglo-Saxon realms of Britain.

  • Former Kings of Northumbria (after the Norman Conquest, styled as Earls) held extensive power over the region.

  • The Earls, as successors to the kings, maintained regalian rights over hunting, forestry, and justice in what became the Royal Forest of Ennerdale.


3. Earls of Northumbria as Bailiffs & Keepers

  • In the medieval period, the Earls of Northumbria served as royal bailiffs and keepers of the Royal Bailiwick and Forest of Ennerdale on behalf of the Crown.

  • This meant they were responsible for:

    • Managing the royal forest laws.

    • Overseeing hunting rights and game preservation.

    • Convening forest courts and enforcing forest jurisdiction.

    • Appointing under-bailiffs and foresters to manage the territory.


4. Post-Conquest Feudalisation – Baronial Liberty

  • After the Norman Conquest, Ennerdale became part of the Honour of Cockermouth and the Barony of Egremont.

  • First held by the de Lucy family, then through marriage to the de Multon family.

  • Maintained as a baronial liberty:

    • Court leet, court baron, and forest courts.

    • Immunity from the county sheriff’s jurisdiction.

    • Distinct administration via the Bailiff of Ennerdale.


5. 14th Century – Forest Partition

  • 1338: Upon the death of John de Multon, the Forest of Copeland was divided into three bailiwicks: Ennerdale, Middleward, and Derwentfells.

  • Ennerdale remained a discrete unit with its own bailiff and liberty status.


6. 15th–16th Century – Clifford & Grey (Lady Jane Grey) Connection

  • Passed into the hands of the Clifford family, Earls of Cumberland.

  • Through marriage alliances, part of the Clifford estates came under the influence of Henry Grey, 1st Duke of Suffolk, father of Lady Jane Grey.

  • Lady Jane Grey, as brief Queen of England in 1553, inherited a legal claim over lands tied to the Clifford-Grey network, including Ennerdale’s liberty rights, before her attainder in 1554.

  • After her execution, Ennerdale, along with other forfeited estates, escheated to the Crown.


7. 16th–18th Century – Crown Liberty and Royal Forest

  • From 1554 onwards, Ennerdale was a Crown-held liberty and royal forest, managed by the Commissioners of Woods and Forests.

  • The Crown continued to appoint a Bailiff of Ennerdale and Keeper of the Forest.

  • Earls of Northumbria served as royal bailiffs and keepers of the Royal Bailiwick and Forest of Ennerdale on behalf of the Crown.

  • 1765: Leased to the Earl of Lonsdale, including all liberty and forest rights.


8. 19th Century – Parliamentary Alienation

  • 1822: Crown and Parliament sold outright in fee simple to the Earl of Lonsdale:

    • “The Forest, Liberty, Bailiwick, and Manor of Ennerdale, with all courts leet, courts baron, royalties, franchises, liberties, privileges, and advantages thereunto belonging.”

  • This was a total alienation — no reversion to the Crown — making Ennerdale one of the only suzerainty-free liberties in England.


9. Modern Status

  • Ennerdale remains a baronial liberty by origin, now a private liberty in fee simple.

  • Territory: ~17,000 acres, including a UNESCO-recognized landscape of forests, lakes, and mountains.

  • Modern court leet criminal powers ended in 1977, but proprietary, ceremonial, and customary rights survive.

  • It is the only known example of a large medieval liberty once held by Norse jarls, Northumbrian kings/earls, English barons, Tudor royalty, the Crown, and finally alienated outright to a private owner.