⚖️ The Bailiwick of Ennerdale

The Only Privately Owned Bailiwick in the World

📜 Legal and Historical Summary

Sale and Authority of the Bailiwick, Liberty, and Forest of Ennerdale

The Bailiwick, Manor, Liberty, and Forest of Ennerdale is a unique jurisdiction in England and, indeed, the world. Unlike other manorial estates, Ennerdale was formally conveyed from the Crown into private hands through a legally recognized process conducted by the Commissioners of His Majesty’s Woods and Forests in 1822.

This conveyance was executed in fee simple, alienating not only the land but also the courts, franchises, and liberty rights from Crown ownership. The result is the creation of a fully private seignory, distinct from ordinary manorial holdings and endowed with autonomous rights and authority.

📑 Primary Documentary Evidence

1. DLons/W/8/28/12 – Leconfield Archive Collection

This archival record provides a continuous history of Ennerdale, including:

• 1650 Survey of the Manor and Forest

• Court Orders (1703) confirming jurisdiction over tenants and goods

• Crown Grant (1765) to Sir James Lowther

• 1769 Wordsworth Enquiry Evidence on forest law enforcement

• 1792 Land Revenue Commissioners Reports

• 1820 Formal Valuation leading to sale

• ✅ Final Sale in 1822 by Commissioners of HM Woods and Forests

2. DLEC/3/11/10/416 – Deed of Sale (1822)

This definitive deed conveys not only the land but also:

• Court Leet and Court Baron

• Liberty and jurisdictional rights

• Forestry and mineral rights

• Manorial rents and customary tenancies

• Fisheries and waters

These documents demonstrate that the Crown did not simply sell land — it conveyed a jurisdictional liberty with its own courts and officers, making Ennerdale a private bailiwick with continuing legal and ceremonial powers.

🛡️ Jurisdictional Implications

By virtue of this alienation, the Lord of Ennerdale holds powers that include:

• Appointment of Bailiff, Warden of the Forest, Verderers, Foresters, Rangers, and ceremonial officers

• Maintenance of Court Leet and Court Baron

• Recognition of forest law traditions

• Authority to create seals, arms, and dignities

• Autonomy from Crown interference since 1822

Ennerdale thus operates as one of the most independent private jurisdictions in England.

🏰 Ennerdale as Feudal Holding and Fief

• Feudal in Origin: Ennerdale functioned historically under Crown forest law, manorial customs, and liberty jurisdiction.

• Fief in Nature: The 1822 sale in fee simple alienated sovereign-like powers permanently, akin to a heritable Norman fiefdom.

Key Characteristics:

Thus, Ennerdale is both feudal and a fief, standing as a rare living relic of England’s medieval system.

📚 Historical References

Ennerdale’s unique bailiwick status is recorded in:

• The History and Antiquities of Westmorland and Cumberland (Nicolson & Burn, 1777)

• A Topographical Dictionary of England (Samuel Lewis, 1848)

• Calendar of State Papers – Elizabeth & James I

• Cumberland Lay Subsidy Rolls & Manorial Surveys

• Records of Algernon Percy, Earl of Northumberland (1633), who served as Bailiff of the Liberty and Keeper of the Forest

🗺️ Timeline of Ennerdale

• c.1251 – Royal Forest & Free Chase established under Henry III

• 1554 – Barony of Copeland forfeited; Ennerdale reverts to Crown

• 1633 – Earl of Northumberland appointed Bailiff & Keeper

• 1650–1765 – Crown surveys confirm bailiwick structure

• 1822 – Crown sells Ennerdale to Earl of Lonsdale (DLEC/3/11/10/416)

• Today – Remains a private bailiwick with ceremonial and manorial jurisdiction

⚖️ Conclusion

The Bailiwick of Ennerdale stands alone in the modern world as:

• The only privately owned bailiwick

• A liberty alienated from the Crown with fee simple authority

• A living quasi-feudal jurisdiction with rights of court, appointment, and ceremonial governance

Supported by definitive archival records, Ennerdale represents the last surviving example of a private liberty and bailiwick alienated by the Crown into full private hands.

It remains not only a natural treasure of England but also a juridical rarity of world legal history.