The Forest's legal system was barely punitive. It was a way of raising revenue from otherwise
unproductive (from the point of view of the exchequer) land. The wheels of justice also turned slowly,
not so much for presentments made at the Court of Attachments, but the three year (or more) interval
between Justice seats meant that it was not unknown for individuals to die before the final outcome
of their case was stated.
For most Forests, from the extant documentary evidence, it is clear that the medieval period is the
time when the Forest system was at its peak. Most Forests tell a story of post-medieval decline in their
administrations. Epping, as part of Waltham Forest seems, to have been rather different. It is obvious
that in the late 17th century the Forest administration was still very much intact and fully functional
and even during the 18th and 19th centuries at least the Court of Attachments was still in existence
(although there were : two long breaks of several years in the 19th century). It is difficult to tell if the
Justice Seat and Swainmote survived the 17th century since no records seem to exist after 1670. It
may be that the records no longer survive. In 1685 (Sharpe, 1986) Henry Sayward. a Chigwell
carpenter, was brought before William Holcroft (a local Justice of the Peace and verderer) having
been found guilty of wood-stealing at the Swainmote and was bailed to appear at the next Justice seat
and the next Court of Attachments. This implies that Swainmotes were still being held and that the
Justice Seat was still operating.
The senior posts within the Forest bureaucracy were sources of power and prestige, particularly
during the medieval period. The most important post was that of the Chief Justice in Eyre who presided
at the Justice Seat. From the time of Henry II (1154 - 1189) there were two Justices, their jurisdictions
covering respectively the Forests north and south of the Trent. The office of Chief Justice survived
the demise of the Justice Seat. The last Chief Justice died in 1821. His duties were assumed,
disastrously so for Hainault Forest and nearly so for Epping, by the Commissioner for Woods, Forests
and Land Revenues which body contrived with the lords of the manors to destroy the physical Forests
in the first half of the 19th century.
The Lord Warden (Keeper of the Forest of Essex in the middle ages) was the second most powerful
post. He had the power to appoint various officials to the Forest bureaucracy, sometimes large sums
of money being paid for the privilege of becoming one of the senior officials such as that of Master
Keeper. The Warden was originally appointed by the Crown, but some families held the post for
lengthy periods of time. The de Vere (de Veer) family. Earls of Oxford held it for some 300 years. The
post was finally abolished with the Epping Forest Act of 1878. Today, the equivalent of this post is
that of Ranger, currently held by H.R.H. the Duke of Gloucester, although the post is honorary.
Of the remaining posts, that of verderer (four in Epping Forest), is the only post which remains
today. Verderers were originally Judicial officers of the Crown, presiding at the Court of Attachments
and Swainmote, and sworn to maintain the laws of the Forest.
Today there are still four verderers associated with the Forest, two for the northern parishes and two
for the southern, elected by commoners (those owning or renting half an acre or more of land) and
representing their interests. They sit today on the Epping Forest and Open Spaces Committee with
twelve members of the City's Court of Common Council who decide at monthly meetings on the
management of the Forest. Verderers are elected every seven years. In the past the appointment could
have been for life. Perhaps the best known and most knowledgeable verderer was Edward North
Buxton (1840 - 1924) who served for 44 years.
Other posts in the Forest hierarchy were the Foresters, sworn to the protection of the King's beasts
and the vert. They were required to assist in the apprehension and presentment of offenders against
the Forest Law. Each had a particular area of ground, the bailiwick, over which he had jurisdiction.
The office of Forester, by the 15th century, became that of Master Keeper, who covered a much smaller
area of ground, called a walk. There were at least 10 walks (7 in Epping and 3 in Hainault) in the Forest,
each with its own Master Keeper They were often local people of substance, the post granted by the Lord
Warden for life. John Lethieullier, lord of the manor of Aldersbrook was Master Keeper of Leyton and
Wanstead Walk and Edward Sotheby was Master Keeper of New Lodge Walk in the first half of the 18th
century. The office of Riding Forester existed until 1848 (although only one such post was known in the
Forest after 1489). The Riding Forester and Master Keepers were entitled to fee deer.
Master Keepers were assisted by under-Keepers, who in fact performed the duties of the office of
Master Keeper. Their tasks were many, including the apprehension of offenders against the Forest
Law, driving the Forest before the start of the fence month, organising the deer counts, throwing down
illegal enclosures, the 'lawing' of dogs (CAI p.124) and generally 'policing' the Forest. In 1765 it
was ordered that the Hainault Keepers attended Fairlop Fair to see 'that no mischief do attend the
Forest'(CAII p.85).
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