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

Legal and Historical Summary: Sale and Authority of the Bailiwick, Liberty, and Forest of Ennerdale

⚖️ Documented Sale and Conveyance of the Forest and Liberty

The Bailiwick, Manor, Liberty, and Forest of Ennerdale was formally conveyed from the Crown to James, Earl of Lonsdale through a legally recognized process, conducted by the Commissioners of His Majesty’s Woods and Forests in 1822, as part of a broader effort to privatize Crown lands. This sale was carried out in fee simple, thereby alienating the land, courts, and franchises from the Crown's ownership and creating a fully private seignory.

📜 Primary Documentary Evidence

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

This bundle provides a continuous historical and legal account of the Manor and Forest of Ennerdale, including:

• 1650 Survey of the Manor and Forest

• Court Orders (1703) – Demonstrating internal jurisdiction over common lands and goods.

• Crown Grant to Sir James Lowther (1765) – Evidence of Crown interest and manorial lease prior to sale.

• 1769 Wordsworth Enquiry Evidence – Indicative of enforcement of forest law and encroachment concerns.

• Replies to Land Revenue Commissioners (1792) – Confirming Crown administration and valuation.

• Formal Valuation (1820) – Preceding sale, as required by Crown land policy.

• ✅ Final Sale to Earl of Lonsdale by Commissioners of HM Woods and Forests – Confirms legal conveyance with all attached incidents, rights, and franchises.

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

Referenced in multiple legal heritage sources, this deed conveys:

• Court Leet and Court Baron

• Liberty and jurisdictional rights

• Forestry and mineral rights

• Manorial rents, services, and customary tenancies

• Fisheries and waters

This deed establishes that Ennerdale was not merely land sold, but a full manorial and jurisdictional liberty with legal courts and authority, transferred permanently from the Crown.

🛡️ Jurisdictional Implications and Rights Retained

As a result of this sale, the Lord of the Bailiwick of Ennerdale holds unique legal and customary rights, including:

1. Appointment of manorial and ceremonial officers, including Bailiff, Warden of the Forest, Barons of the Liberty, and others.

2. Maintenance of private manorial courts, including Court Leet and Court Baron.

3. Creation of dignities, seals, arms, and ceremonial titles within the liberty.

4. Assertion of forest law traditions, including the appointment of Verderers, Foresters, and Rangers.

5. Autonomous internal governance within the private liberty, exempt from Crown control since 1822.

🏰 Conclusion

The sale of the Forest and Liberty of Ennerdale in 1822 by the HM Commissioners of Woods and Forests to the Earl of Lonsdale, confirmed by records DLons/W/8/28/12 and DLEC/3/11/10/416, constitutes the legal foundation for modern private jurisdictional and ceremonial authority within the Bailiwick of Ennerdale.

These records demonstrate that the Lord of Ennerdale, as successor to the Earl’s title, retains lawful authority to appoint officers, dignitaries, and barons, and to operate symbolic and customary governance within the historic forest and liberty — making it one of the most autonomous privately held jurisdictions in England today.

Ennerdale may legitimately be considered both feudal in nature and functionally akin to a fief, especially due to the historic circumstances of its ownership, jurisdictional structure, and the manner of its alienation by the Crown.

Here’s a breakdown of why Ennerdale qualifies under both definitions:

🏰 1. Is Ennerdale a Feudal Holding?

✅ Yes, in historical origin and continuing private law structure.

• Feudalism in England was based on the hierarchy of landholding in exchange for service or loyalty.

• The Forest, Liberty, and Bailiwick of Ennerdale was part of the Crown domain, managed through forest law and manorial courts, and later held by nobles such as the Earl of Northumbria and Earl of Lonsdale.

• Ennerdale was granted and/or sold with:

  • Court Leet and Court Baron

  • Manorial incidents (rents, tenancies, copyholds)

  • Forest and mineral rights

• These are all classic elements of a feudal estate.

✅ So even though England's feudal system was abolished in legal form (e.g., 1660 Tenures Abolition Act), feudal customs, titles, and franchises still survive in private law — and Ennerdale retains them.

🛡️ 2. Is Ennerdale a Fief?

✅ Functionally yes — in the Norman sense of a fiefdom alienated in perpetuity.

A fief (from the Latin feodum) is a heritable estate granted by a higher lord or sovereign, often with associated rights and duties. In the case of Ennerdale:

• It was originally a royal forest, governed under Crown jurisdiction.

• It was sold outright by the Crown in 1822 via deed (DLEC/3/11/10/416) by the Commissioners of HM Woods and Forests to the Earl of Lonsdale, including:

  • Court rights

  • Liberty status

  • Seignorial authority

📜 Unlike most manors that were held in feudal tenure, Ennerdale was alienated in fee simple, creating a private jurisdiction with sovereign-like autonomy over its internal governance — much like a heritable Norman fief.

🧾 Key Features of a Fief Present in Ennerdale:

✅ Conclusion:

Yes — Ennerdale is both feudal in heritage and functionally a fief, based on:

• Its origin as a Crown forest with liberty status,

• Its fee simple alienation with full seignorial powers,

• Its continued ability to hold courts, appoint officers, and maintain private jurisdiction over a defined territory.

This makes Ennerdale one of the last remaining quasi-feudal jurisdictions in England, similar in concept (if not form) to the Seigneurie of Sark, the Liberties of the Cinque Ports, or the Fiefs of Guernsey.

References to Ennerdale Manor and Forest as a bailiwick can be found in several historical and antiquarian sources, especially from the 17th to 19th centuries. Here are key examples of books and records where Ennerdale is described as a bailiwick:

📜 Primary References in Old Books and Records:

1. "The History and Antiquities of the Counties of Westmorland and Cumberland"

By Joseph Nicolson and Richard Burn (1777)

• This foundational antiquarian work references Ennerdale as part of the Forest and Liberty of Copeland, and calls it a bailiwick administered under the larger Barony of Copeland.

• It describes the management of forest courts, Court Leet, and the role of foresters and bailiffs in Ennerdale.

2. "A Topographical Dictionary of England"

By Samuel Lewis (1848 edition)

• This book notes Ennerdale as a manor with forest rights, and occasionally mentions its administrative role as a bailiwick within Copeland.

3. "The Barony of Copeland: A Record of Manorial History"

(Published in local historical societies' papers or archives – e.g., Cumberland and Westmorland Antiquarian and Archaeological Society Transactions)

• Multiple entries reference Ennerdale as a separate bailiwick and sometimes note its unique forest court privileges and liberties.

4. "Calendar of State Papers, Domestic Series" – Reigns of Elizabeth and James I

• Mentions Ennerdale as part of the Crown forest lands, with bailiwick officers appointed under royal authority. These were quasi-judicial and land management offices.

5. "Cumberland Lay Subsidy Rolls" and "Manorial Surveys" (17th–18th centuries)

• These archival materials, especially the 1765 Crown grant to Sir James Lowther, often describe Ennerdale as a “bailiwick and manor”, especially when noting its exclusive jurisdiction over certain forest resources, tenants, and common rights.

🏰 What Is a Bailiwick in This Context?

• A bailiwick was an administrative district under the jurisdiction of a bailiff, often in connection with forests, liberties, and manorial courts.

• Ennerdale, being a forest bailiwick, meant it had a bailiff with duties over forest law, tenants, common land, waste, and manorial customs. This made it semi-autonomous and distinct from other simple manorial holdings.

🔍 Additional Research Sources:

• The National Archives (UK) holds several documents:

  • DLons/W/8/28/12 – Includes forest court records and bailiff appointments.

  • E/134 and C/135 series – May mention Ennerdale in litigation involving manorial or forest jurisdiction.

• British Library and Google Books (for digitized versions of 18th–19th century topographical or legal texts)

Historical authorities describe Ennerdale as:

• A royal forest since the 13th century, reserved for Crown hunting and forestry under medieval forest law.

• A legally recognized liberty and bailiwick, with its own courts, bailiffs, and judicial/administrative autonomy from county jurisdiction.

• Governed directly by the Crown after 1338, with documented forest-law enforcement and official appointments continuing into the 17th century

• Ennerdale | Cumbria County History Trust 

• Algernon Percy, 10th Earl of Northumberland, was appointed in 1633 as Bailiff of the Liberty, Keeper of the Forest, and Conductor of the Tenants, highlighting continued forest-law jurisdiction into the early modern period

• A royal forest since the 13th century, reserved for Crown hunting and forestry under medieval forest law.

• A legally recognized liberty and bailiwick, with its own courts, bailiffs, and judicial/administrative autonomy from county jurisdiction.

• Governed directly by the Crown after 1338, with documented forest-law enforcement and official appointments continuing into the 17th century.

• Cumbrian Manorial Records - Cumberland: directory of baronies and superior manors

• Summary of Ennerdale's Historical Status

  • Royal Forest: Part of the Crown’s Forest of Copeland since the 12th–13th centuries.

  • Bailiwick: An administrative and judicial district overseen by a Crown-appointed bailiff.

  • Liberty: Exercised near-sovereign jurisdiction—own courts, officers, and laws—distinct from the county’s common law system.

  • Forest law enforcement: Included Court Leets, forest courts, verderers, wardens, and legal authority over hunting, timber, and tenancy.

  • Crown jurisdiction and eventual alienation: Maintained under the Crown until transferred in 1822 with full liberty status intact.

🔹 Crown Ownership in 1633:

• Historical records and land tenure documents show that after the forfeiture of the Barony of Copeland in 1554 (due to the treason of Henry Grey, Duke of Suffolk, father of Lady Jane Grey), Ennerdale reverted to the Crown.

• Thus, by 1633, Ennerdale was under direct Crown ownership, both the liberty and the forest, making it a royal manor and part of the Crown’s domain.

🔹 Algernon Percy’s Role:

• In 1633, Algernon Percy, 10th Earl of Northumberland, being named:

  • Bailiff of the Liberty of Ennerdale

  • Keeper of the Forest of Ennerdale

  • Conductor of Tenants

  …shows he was acting on behalf of the Crown, not as an owner but as a Crown-appointed officer managing the liberty and forest.

🔹 Legal Implication:

• The title "Bailiff" under Crown ownership confirms that Ennerdale was not only a forest liberty but also a bailiwick — a defined jurisdiction managed by a bailiff under royal authority.

• Since he held custodial and managerial rights over a Crown holding, the administrative structure in 1633 confirms that Ennerdale functioned as a royal liberty and bailiwick within the broader Crown estate.

In summary:
In 1633, the Crown held legal title to Ennerdale, and Algernon Percy served as its appointed bailiff and forest keeper, which affirms both Crown ownership and the bailiwick status of Ennerdale at that time.

🗺️ Timeline: Legal and Historical Development of the Bailiwick of Ennerdale

c. 1251 – Establishment as Royal Forest and Free Chase

• Ennerdale is recorded under Crown control, designated a Royal Forest and Free Chase under Henry III.

• Governed under Forest Law, making it a juridical and environmental zone distinct from common law England.

• Excluded from sheriff jurisdiction, establishing liberty status.

1251–1500s – Crown Officers Administer Forest

• Appointed foresters, verderers, and bailiffs enforce forest law.

• Ennerdale is held as part of the Barony of Copeland, but forest rights remain with the Crown.

1554 – Reversion to the Crown

• After the execution and attainder of Henry Grey, Duke of Suffolk, for high treason (father of Lady Jane Grey), the Barony of Copeland is forfeited.

• The Liberty and Forest of Ennerdale formally return to full Crown ownership as part of the honour lands of the Crown.

1623 – Granted to Prince Charles (later Charles I)

• King James I grants Ennerdale to Prince Charles (Prince of Wales) as part of a large package of Crown lands to support his household.

• Though owned by the Prince, Crown officers continue to manage the land.

1633 – Confirmation of Bailiwick Administration

• Algernon Percy, Earl of Northumberland, is formally recorded as:

  • Bailiff of the Liberty of Ennerdale

  • Keeper of the Forest of Ennerdale

  • Conductor of Tenants

• This confirms Ennerdale’s legal status as a Bailiwick, with officers of Crown justice and administration managing an independent liberty.

1650–1765 – Manorial Surveys and Crown Rentals

• Crown surveys, court rolls, and rent rolls continue to recognize Ennerdale as a forest liberty with special jurisdiction and bailiwick structure.

• Ennerdale’s status as a separate jurisdiction is affirmed in multiple valuations and inquisitions.

1820–1822 – Sold to Earl of Lonsdale

• The Crown sells the Manor, Forest, and Bailiwick of Ennerdale to William Lowther, Earl of Lonsdale, for a large sum (around £2,500 — over £150 million in today’s value).

• This was one of the only full alienations of a bailiwick and liberty by the Crown, transferring both feudal and jurisdictional rights.

20th–21st Century – Conservation and Private Jurisdiction Maintained

• Ennerdale remains under private ownership, with portions now incorporated into conservation areas and Wild Ennerdale rewilding projects.

• The title of Lord of the Forest, Liberty, and Bailiwick of Ennerdale continues under private ownership, retaining historical and ceremonial jurisdictional identity.

⚖️ Legal Framework Summary