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Thomas Willingale, Lopping Rights and Teh Saving of Epping Forest

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Thomas Willingale, Lopping Rights and Teh Saving of Epping Forest Thomas Willingale, Lopping Rights and the saving of Epping Forest Researched by Steven Willingale First Published 2013 Willingale Family Society 1 The Willingale Family Society The Willingale Family Society was formed on 2nd July 2002 with the purpose to identify all Willingales that have lived, and to promote and maintain an interest in the history of Willingale families and become a repository for all things Willingale; a means of recording our history by preserving old photos, documents and recording other information for future generations. www.willingale.org 2 Introduction Thomas Willingale is widely acknowledged as one of the key people involved in the saving of Epping Forest, yet he died some eight years before the Epping Forest Act 1878 saved the Forest by bringing the Forest under the control of The Corporation of London. Thomas Willingale was a keen Lopper and continued to exercise his right to lop in the face of the enclosure of the forest by the lord of the manor, the Rev Maitland. A number of court cases ensued, one brought by Maitland against Thomas for injuring Forest Trees was dismissed (although Thomas’s son and two nephews were later convicted on a similar charge) and one brought by Thomas, aided by the Commons Preservation Society, which stalled further enclosures of the Forest for four years, until Thomas’s death brought an end to proceedings. The reason for the prominence of Thomas can perhaps be put down to the likes of Lord Eversley, who gave three distinct accounts of Thomas Willingale’s involvement, all of which had inaccuracies in them, including the death of Thomas’s son in gaol. Other members of the Willingale family sought to make capital out of his actions, such as his other sons Thomas jnr. and William. Other myths also surround Thomas, such as the supper at the King’s Head, which was widely promoted by the Rev J W Hayes in the 1930s. This account draws on all sources I can find on the subject, including books, newspaper articles, previous research work and historical documents held at the Essex Records Office, London Metropolitan Archives, Public Records Office, Parliamentary Archives and the Museum of English Rural Life. In this research, I not only give a background of the forest’s history and details of the early forest court rolls, outline Thomas’s involvement up to his death, but go on to detail later events, including the Epping Forest Commissioners, the Epping Forest Acts of 1878 & 1880, the Corporation of London's eventual conservation of the forest, the Arbitrator’s findings and the construction of Lopping Hall, which was built to compensate the inhabitants of Loughton for the loss of their lopping rights. I also detail some of the later reporting of these events and the folklore surrounding Thomas, right up to the present day. Steven Willingale 2013 3 List of Illustrations & Articles 6-7 Abridged Willingale Family Tree, based on the records of the WFS 8 Alfred Willingale 10 Samuel Willingale 12 William Higgins 14 Thomas Willingale, article from Punch 1928 16 The Lopper of Loughton, poem from Essex 100 18 & 20 Photo Mystery 1 : Thomas Willingale 22 William Willingale 24 Encroachments on Epping Forest—Commons Petition, Essex Chronicle 26 & 28 Photo Mystery 2 : Alfred or Thomas? 30 The condensed history of Epping Forest and the Willingale family 32 Thomas Willingale Jnr 34 Lopping in Epping Forest 36 Circulating Library—Loughton Lopping Hall 38 Lopping in Epping Forest 40 Lays & Legends; Loughton ‘Drunk & Supper’ 42 Epping Forest—after lopping, via Ken Hoy, Friends of Epping Forest 44 The Kings Head incident—cartoon from The View, Chingford. 46 Map of enclosed lands - Northern part of forest 48 Map of enclosed lands - Southern part of forest 50 Court Judgement—eviction of Thomas Willingale 52 Forest Map, The Graphic 12th August 1871 54 Wood carving of the Loppers at Work 56 The Epping Forest Medal 58 Staples Road enclosure map 60 Common Rights—Removal of forest fences 62 Thomas Willingale Blue Memorial Plaque 64 Maitland v. Willingale, Press article October 1866 66 Handbill for claimants of lopping rights 68 Loughton Lopping Rights Compensation, letter from S. L. Howard 70 William John Willingale—quiet of hereditaments 72 Inauguration of the Lopping Season at Loughton, Press article 1867 74 Local Topics—Press cutting on compensation for the loppers 76 Committee of Inhabitants 78 & 80 & 82 Woodford, Buckhurst hill & Loughton Advertiser—’No Gammon’ and Thomas Willingales’ reply 84 & 86 Ernest Linder’s letter to the West Essex Gazette, March 1925 88 & 90 Minutes of the Loughton Lopping Trust - The Willingale Memorial 92 Photograph of the Willingale Memorial Plaque, Lopping Hall 94 Prologue of ‘Old Hardy’ by C E Maurice 96 Photos of the Willingale Axes 98 Minutes of the Loughton Lopping Endowment Fund 2007 100 Willingale Cottage 102 The former Thomas Willingale pub 104 Lopping Hall 113 Reward Handbill 4 Contents 4 The Willingale Family Society 5 Introduction 9 Lopping and the History of the Forest 15 The Loughton Enclosures 21 The Willingales 23 Imprisonment 25 Lord Eversley, and his different version of events 31 The Kings Head 43 The October 1866 Chancery Proceedings 51 Eviction 57 The Corporation of London 59 The Royal Commission 65 The Epping Forest Act 1878 65 The Arbitrator 71 Lopping in 1880 & 1881 77 Lopping Hall 81 Queen Victoria 81 Epping Forest Medal 81 Alfred’s Story 83 However that’s not quite the end of the story 85 Thomas Jnr and William Willingale 91 Thomas Jnr's Much Prized Volume 93 The Willingale Axes 95 Plays for the People 97 The Forest Today 99 Who saved the Forest? 99 Recent Articles on Thomas 101 Commemorating Thomas 103 Willingale Cottage 103 Lost Information 105 Final Thought 106 List of References 110 Appendix A Samuel Willingale—Evidence before the Arbitrator 5 Abridged Willingale Family Tree As researched by the Willingale Family Society Joseph Charlotte Fowler Willingale 1768 - 1837 1770 - 1855 Susanna Males John Willingale Thomas Hetty Higgins Willingale 1805 - aft 1861 1800 - 1852 1799 - 1870 1799 - 1870 Fanny Hughes Alfred Willingale 1848 - 1907 1843 - 1934 Susanna Samuel Violet Thomas Willingale Willingale Willingale B Abt 1866 1838 - 1839 1840 - 1911 1843 - 1925 Mary Ann Edward Henry John Willingale Ellen Smith Willingale Green 1843 - 1910 1851 -1 921 1845 - 1893 b 1853 This summary family tree shows the relationships between the Willingale family members most involved in the lopping story. Thomas Willingale Snr, and the son and two nephews who were imprisoned are highlighted in blue. 6 William Higgins Mary Gould 1788 -1866 1792 - 1873 Frances Jacobs John Higgins b ???? b 1813 William Higgins 1842 - 1870 Sarah Craske b 1841 Frances Peters William Joseph Sarah Willingale Willingale Willingale 1851 - 904 1859 - 1860 1851 - 1936 1856 - 1874 7 Alfred Willingale taken 1925 by G E Stearne, Loughton 8 Lopping and the History of the Forest Epping Forest was originally known as the Forest of Essex, and then The Forest of Waltham; it was a Royal Forest. In 1641 it encompassed some 60,000 acres stretching from Bow bridge in the south, the River Lea in the west and Hainault in the east. (13 ) Royal Forests were used as a source of income for the Crown. Whilst today we know a forest to mean a large area of Woodland, historically a Royal Forest was an area subject to Forest Law and it might contain farms, villages, grassland as well as woodland. The Crown made money from the Forest by the sale of its timber or by fines for breach of Forest Law. Whilst the crown had Forest Rights or more particularly the rights of Vert and Venison, the inhabitants of the forest also had various rights, including the right of Pannage, the right of Pasture and the right of Wood. (78 ) These two latter rights would play a significant part in the eventual saving of the Epping Forest. The commoners of Loughton, of which a certain Thomas Willingale was one, believed they had an ancient right of lopping wood from the forest between the dates of 12th November and 23rd April each year. These dates being St Martin’s day & St George’s day respectively. Similar rights existed at Theydon Bois and at Epping (37 ). It was believed these lopping rights were granted to the commoners of the parish by Queen Elizabeth, although the exact origin is lost in the mists of time. (9) In Epping Forest it was forbidden to lop branches hanging lower than 8 feet from the ground, (50 ) although some other sources state it was 7 feet, (9) the lopped branches being mainly used as a source of fuel over the cold winter months. The court rolls of the Manor of Loughton give details of the lopping rights and those individuals that breached forest law. Lopped wood had to be removed from the forest by 23rd April each year, later amended to 4th May with the change of calendar. The original start date for lopping was 1st November, but this was also changed to the 12th November with the introduction of the Gregorian calendar. Lopping was only permitted on Mondays and the lopwood could only be used for domestic heating. If it was used in trade, for example heating a baker’s oven or potter’s kiln, a fine of twenty shillings would ensue. Householders could employ others to lop on their behalf, but they also had to be inhabitants of Loughton and each household could have one man so employed, a fine of one guinea being levied for breaching this rule. (49 ) ( 50 ) The court rolls also stated how the wood could be removed from the forest: 9 Samuel Willingale, photo taken in 1908 10 It was ordered by the tenants at this court that no tenant of this manor or inhabitant within the said manor hereafter shall draw their custom wood with draft oxen or with cattle, but only with two horses or geldings and a sledge (50 ) Willingales are mentioned three times in the court rolls for breaching forest laws: 5th June 1828 At this court the jurors aforesaid upon their oaths do present as follows; […] That John Tongue has caused Wood on Wheel Carriages 21 several times therefore he is amerced the sum of 2 guineas .
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