The Forest - Edward Rutherfurd [225]
‘Stephen Pride says that, does he?’
‘Yes, Dad. This is serious.’
‘What does Stephen Pride know?’
‘You mean he’s got it wrong?’
‘’Course he has. I fixed all that. Years ago.’
‘You sure, Dad?’
‘’Course I’m sure. Don’t you worry about that.’
‘Oh. That’s all right then. Had me worried.’
So George had stopped worrying and Gabriel Furzey had started.
It had to be all right, though, didn’t it? A commoner’s rights were his, weren’t they? Always had been, long before all this writing of things down. All through the spring and summer Furzey had meant to do something about it; week after week he had put it off. He had half expected Alice or her steward to come and check the village; but Oakley was just the same now as it had been thirty-five years ago, so they probably assumed there was nothing to alter. Alice Lisle had many things to think about; she had probably forgotten about Furzey’s failure to turn up all those years ago. The court had met, but he had heard that Alice was not presenting her claims until later. The court had met again. But now time had run out. He had to do something. He rode up to the house.
As it happened, his timing could not have been better.
John Hancock the lawyer would be presenting Alice’s and numerous other landowners’ claims before the court. As Furzey stood before him with his hat in his hand, he understood the situation at once. ‘The claims for Mast and Pasture will not be a difficulty,’ he reassured the villager. ‘Nor, I think, will the right of Turbary. These clearly belong to your cottage. However,’ he continued, ‘the right of Estovers is not so straightforward.’ And when Furzey looked mystified and mumbled that he’d always had that right the lawyer explained: ‘You may think you have, but I shall have to examine the records.’
The ancient rights of the Forest folk, although they derived from common practices that went back into the mists of time, were by no means as simple as might be supposed. The common rights in the Forest belonged not to a family but to the individual cottage or holding. Some cottages had some rights, some had others. The right of Estovers – of collecting wood – was especially valuable and had been granted back in Norman times only to the most important village tenants, those who held their dwelling by the tenure known as copyhold. The Pride smallholding in Oakley, for instance, had always been a copyhold. Down the centuries, other villagers without copyholds had often claimed, or assumed they had, the right of Estovers and some had got away with it for so long that no one ever questioned it. From time to time, however, some new attempt was made to restrict this practice of helping oneself to the Forest’s underwood; and the rule which applied to Furzey now stated that he might claim the right of Estovers only if the cottage – the ‘messuage’ was the ancient legal term – he occupied had been built before a certain date in the reign of Queen Elizabeth – an arcane dispensation of which Furzey himself had never even heard.
The estate records were kept at Albion House. Hancock knew where they were and, as he had nothing special to do until Alice returned from her mission, he thought he might as well see what he could find. It was the sort of burrowing the lawyer rather enjoyed. ‘When did your family first occupy your holding?’ he enquired.
‘My grandfather’s day,’ Furzey told him. ‘We was in another cottage before then. Always in Oakley, though,’ he added firmly, in case it mattered.
‘Quite. Sit and rest.’ The lawyer gave him a professional smile. ‘You don’t mind waiting, do you? I’ll see what I can find.’
The hunt had lasted less than a quarter of an hour. Stephen Pride still couldn’t quite believe it.
The thing had been beautifully managed, too. The king had been placed in a perfect spot in a glade. He was armed with the traditional bow. His ladies were grouped behind him. Pride and the Forest men, aided by the gentlemen keepers and two of the courtiers, drove some deer through and the king, in the most