Wirral Tree Wardens have been researching traditional orchards in the Wirral Peninsula and, at the start of 2019, declared the corner field of Claremont Farm, Old Clatterbridge Road and Brimstage Road, to have been a site of fruit trees and bushes, either interplanted with or grafted onto hawthorn hedgerows.

During that year, an international team from UK, Romania and Brittany (France) confirmed that they had evidence of planting of unique Cheshire varieties of apple trees in that field. They were able to confirm that it had the minimum number to be designated as an orchard. As dating of fields is less accurate than most historical sites, the team calculates to the nearest half-milennium and agreed that there had been trees there as recently as within the last 500 years. There is no further evidence on the length of time that trees were established there, but there were evidence, statements and depositions that the orchard had been wiped out in a single season. There was also evidence of distinctive chewing and biting by ancient breeds of sheep, such as were known to have existed in this area, very similar to the Herdwick, Southham & Badger-faced sheep that are there today.

On January 5th this year, as a part of the Wassail, the Tree Wardens appointed a Court Leete, an obsolete form of court which hears cases of frankpledge in the constituent hide” of the hundred of Wirral. This ancient tradition provides a way of making and examining agreements and misfeasance on common lands. Their legal status is between that of a defunct curiosity and an abandoned anachronism. Further details are at Yale Law Library or any reputable law book exchange (for around £1000.)

The members reviewed evidence and statements from members of the field teams and from Farmer Andrew and concluded:

that there was an orchard on the site within the last 500 years

that it was destroyed by the ancient sheep population of the area

that the posts and supports for the trees had also been destroyed, probably by sheep leaning against them when intoxicated, as is typical of Herdwick sheep

that Farmer Andrew should create planting pits at 4 ells (metres) distance from each other

that the Tree Wardens should replace the trees and restore the fruiting hedgerow

Irene from the manorial estate said the sheep had no previous convictions.  Andrew the story-teller made a plea in mitigation for the sheep and their descendants, that they be permitted to live on the land on pledge of good conduct henceforth

The case was concluded, the orders were made on the restoration of the orchard. The position of the sheep remains under review and the Steward will report to the next Court Leet in 2021.