[From Annals of Kirk Christ Lezayre]

CHAPTER XIX - THE KING'S FOREST

(From a Paper written by Mr. J. R. Quayle, J.P., Secretary of the Common Lands Board)

T HE King's Forest means those Hill Lands formerly held by the Lord of Mann, comprising about 25,113 acres. It included all the Hill Lands now held by the Crown, the Common Lands Board, various private owners who were granted portions of the Forest by licence from the Lord and all those lands purchased from the Disafforesting Commissioners in 1865, after the King's Forest had been disafforested. The Disafforesting Commission describe it in four sections :

(1) The Northern Mountains ; (2) The Southern Mountains ; (3) The Ayres ;

(4) The Mooragh.

Lezayre is concerned with items (I) and (4)

All was in charge of the Forester who lived at the Forester's Lodge. Previous to 186o no less than 22,ooo acres (now known as Intack) had been enclosed on Licences issued by the Lords. Thus the total of the unenclosed Forest must have amounted to 47,ooo acres-a third of the Island. The Lord's tenants had from time immemorial enjoyed rights of grazing and other rights (Estovers). These rights were fully recognised in 1417, when the first Statutes were recorded. The many references to the Forest and the payment of certain statutory fees to the Forester establishes this fact.

In 1765 the Duke of Athol sold his Sovereign (but not his Manorial) rights to the Crown. Before that date many licences to enclose had been granted, subject to inspection and approval by the Great Enquest. They had to report as to whether the enclosure would be prejudical to public ways, watercourses, or turbaries. After 1765 there was much resistance to any further enclosures. In 1777 the Great Enquest was abolished. The Duke continued to sell lands. There was much reasonable objection and fences were broken down. Legal action was taken and decisions given that such licences were illegal and an infringement of the people's rights. The Great Enquest was revived in 1793, and from that date till 1828 when the Duke sold his Manorial rights, no licence of importance was issued.

Only a few unimportant licences were granted by the Crown until November, 1854, when one was granted to Thomas Arthur Corlett, Loughen-e-Yeigh, Vicar-General, to enclose upwards of 3oo acres (popularly supposed to be 6oo). The Great Enquest (October 8th, 1855) refused its sanction. An appeal was entered, before the House of Keys, but not proceeded with.

In order to find out the area of land included in the licence, the Commissioners ordered Mr. J. Jefferson to make a survey. On July 22nd, 1856, while doing so, he was opposed by two men who enquired by whose authority he came to measure the Common. He replied he was engaged under the power of the Queen's Warrant, but their attitude became so threatening that he could not proceed with the survey. He offered to meet them the next morning at ten and read the warrant, but on that occasion a large crowd, armed with sticks assembled and prevented the survey. On the advice of the Attorney-General, an information was filed in the Court of Exchequer against the two ringleaders, Cowley and Kinrade. Public feeling ran high. On January 1st, 1857, a petition was presented to the Home Secretary. It stated " That the owners and occupiers of customary estates called Quarterlands, claim such estates as appurtenant to their Estates in respect of the rents still paid to the Lord, and the inhabitants of the Island generally have enjoyed, from time whereof the memory of man is not to the contrary, Common of Turbary, of Estovers, and of Pasture, and also the right of Quarrying stones and digging and carrying away Sand and Gravel,-the Common of Estovers being exercised in respect of Ling or Heath which grow on the said Mountains, and the Common of Pasture being exercised in respect of all Horses, Cattle, Sheep, Geese and Swine."

and asked (inter alia)

" that the proceedings now pending in the Exchequer Court may be abandoned, and the Commons left in their present condition, or at least that no change be made or further proceedings taken without due Public Inquiry as to the rights and privileges of the People of the Isle of Man with respect thereto."

In accordance with the provisions of his licence T. A. Corlett commenced erecting fences around his plot-Dreem Gill-and in the meantime an organised band of " Cossacks " took the matter in hand, marched up the mountain and demolished the fences. This event had been immortalised in verse, composed and set to music, by the late Mr. W. C. Southward, M.L.C., Captain of the Parish of Lezayre, which he called " The Battle of Pairk-ny-Earkin."

Arise! ye Sulby Cossacks, To fight, and to contend. The Horn, it's sound, now calls to you Your just rights to defend.

They stole part of the Mountain And fenced it in as well,

The Crofters have been driven off, Their sheep they will have to sell. Then Kinrade, Ballamanagh, And Cowley, Crammag, too, Called the clan to meet with them And they were not a few.

They talked the matter over, And settled on a plan ;

The urgent orders soon were given To every Sulby man.

Come ! bring your picks and shovels, And crowbars too you'll need,

To level down the new-made fence, With thoroughness and speed. Forth went those daring Cossacks, By oath each man was bound

And soon the fence was levelled down, Yes ! levelled to the ground.

Their work was done, and well done, And each man did his share ;

And marched they down the Mountain side Without a fear or care,

So then on Sulby Claddagh Great crowds of people meet To celebrate with buns and tea, The great men's great defeat. Chorus

March on ! March on

With crowbar, pick and spade, March on to certain victory.

The matter was brought before the House of Keys and a very strong committee, composed of Messrs. William Callister (Thornhill, Lezayre), Alex. Spittall, Evan Gell, E. C. Farrant (Ballakillinghan, Lezayre) and Robert J. Kelly, was appointed to take up the matter with the Crown authorities. A scheme, suggested by the Commissioners, was submitted to the people by the Keys' Committee at meetings held at Sulby on Sept. 14th, 1858 and at St. John's the following day. There were great crowds and the speeches of the Committee were received with much enthusiasm.

The alleged grievances of the people and the powers of the Great Equest seem to have been greatly exaggerated. After prolonged negotiations Messrs. William Callister and William Farrant interviewed the Commissioners of Woods and Forests and the final agreement resulted in the passing of the Dlsafforesting Act of 186o, which swept away all rights of any description, both of the Crown and of the people, except the mineral rights of the Crown and vested the King's Forest in three Commissioners, who were appointed with full powers to deal with allotment of same to and amongst those entitled, in such proportions as they decided. The only report of the Commissioners was made in 1865. The main provisions were :

(I) The full and complete area of the King's Forest with the boundaries thereof.

(2) The main items of their award allotted

(a) One third to Her Majesty, freed from all public rights of every description;

(b) One third to the people to be vested in the Trustees of the Common ;

(c) One third sale allotments to be sold and the proceeds used for making new roads, fences, walls and the costs of Disafforestation, including allotment for roads, miners' settlements and T. A. Corlett.

The areas were as follows :

(a) To Her Majesty ............ 8,055 acres

(b) To the people................ 7,909 "

(c) Sale allotments ............ 8,574 „

(d) Miners' settlements ...... 37 „

(e) T. A. Corlett ............... 416 „ 24,991

Of the sale allotments the Crown bought 5,751 acres and other persons 2,822, the proceeds amounting to 25,532.

The Disafforesting (Commons) Act, 1866, vested the peoples' share in the Trustees of the Common Lands. Since that time a good deal has changed hands-the Crown buying from the Commons and the Commons buying from the Crown.

Under the Lord's Rent Purchase Act, 1913, each landed proprietor's part in the Commons was capitalized and used to pay seven years of the 25 years purchase price of the Lord's Rent, the Commons Board having bought the Lord's Rents from the Crown at 25 years purchase and sold to the proprietor at 18 years purchase.