Bygone Cumberland and Westmorland Part 1

Bygone c.u.mberland and Westmorland.

by Daniel Scott.

Preface.

The information contained in the following pages has been derived from many sources during the last twenty years, and in a considerable number of cases I have examined old registers and other doc.u.ments without being then aware that some of their contents had already been published.

Few districts in the United Kingdom have been more thoroughly "worked" for antiquarian and archaeological purposes than have c.u.mberland and Westmorland. The Antiquarian Society and the numerous Literary and Scientific Societies have, during the last thirty years, been responsible for a great amount of research. I have endeavoured to acknowledge each source--not only as a token of my own obligation, but as a means of directing others wishing further information on the various points.

I also desire to acknowledge the help received in various ways from numerous friends in the two counties.

DANIEL SCOTT.

PENRITH, _June 1st, 1899_.

Bygone c.u.mberland and Westmorland.

An Unparalleled Sheriffwick.

For a period of 645 years--from 1204 to 1849--Westmorland, unlike other counties in England (excluding, of course, the counties Palatine), had no Sheriff other than the one who held the office by hereditary right. The first Sheriff of the county is mentioned in 1160, and nine or ten other names occur at subsequent periods, until in 1202, the fourth year of the reign of King John, came Robert de Vetripont. Very soon afterwards the office was made hereditary in his family "to have and to hold of the King and his heirs." The honour and privileges were possessed by no less than twenty-two of Robert's descendants. Their occupation of the office covers some very exciting periods of county history, the tasks committed to the Sheriffs in former centuries being frequently of an arduous as well as dangerous character.

The Sheriff had very important duties of a military character to carry out. Thus in the sixth year of Henry the Third we have the command from the King to the Sheriff of Westmorland that without any delay he should summon the earls, barons, knights, and freeholders of his bailiwick, and that he should hasten to c.o.c.kermouth and besiege the castle there, afterwards destroying it to its very foundations. This order was a duplicate of one sent to the Sheriff of Yorkshire concerning Skipton Castle and other places. It is not known, however, whether the instructions respecting c.o.c.kermouth were carried out or not.

The powers of Sheriff not being confined to the male members of the family, the histories of Westmorland contain the unusual information that at least two women occupied, by right of office, seats on the bench alongside the Judges. The first of these was Isabella de Clifford, widow of Robert, and, wrote the historian Mach.e.l.l, "She sate as is said in person at Apelby as Sheriff of the county, and died about 20 of Edward I."

The other case was that of the still more powerful, strenuous, and gifted woman, Anne, Countess of Pembroke. Of her it is recorded that she not only took her seat on the bench, but "rode on a white charger as Sheriffess of Westmorland, before the Judges to open the a.s.sizes." It will not be forgotten that territorial lords and ladies in bygone times held Courts of their own in connection with their manors and castles. The Rev.

John Wharton, Vicar of South Stainmore, in a communication to the writer some time ago said: "From doc.u.ments shown me by the late John Hill, Esq., Castle Bank, Appleby, the great but somewhat masculine Anne, Countess of Pembroke and Montgomery, seemed partial to Courts of her own. She sat upon many offenders as a judge, and it is handed down that she executed divers persons for treasonous designs and plotting against her estate."

The Memoranda Rolls belonging to the Lord Treasurer's Remembrancer, show the mode of presenting or nominating the Sheriff for Westmorland in the time of the Cliffords, his admittance to the office by the Barons of the Exchequer, and his warrant for executing it. From the Rolls of the 15th, 19th, and 23rd years of Edward the First, when the Sheriffwick pa.s.sed into the family of the Cliffords, it seems that the right of appointment was the subject of litigation between the two daughters and heiresses of the last of the Vetriponts. This ended in an agreement that the elder sister should "present" to, and the younger should "approve" the appointment. In this way Robert de Moreville was admitted to the office of Sheriff in the fifteenth year of Edward's reign, Gilbert de Burneshead three years later, and Ralph de Manneby in 1295, each swearing faithfully to execute his office and answer to both daughters. On the death of the sisters the Sheriffwick became vested in Robert de Clifford, son and heir of the eldest, and continued in the possession of his descendants until the attainder in 1461.

The list of Sheriffs is, of course, a very long one, and even allowing for the large number of individuals who have left nothing more than their names, there is much material for interesting study in the histories of the others. The actual work was rarely done by the holders of the office.

"The functionaries who performed the duties were simply deputies for the Sheriff, and although we find them attesting many ancient charters and grants relating to the county, recording themselves as Vice-Comites (or Sheriffs), they simply executed the office as Pro-Vice-Comites (or Under-Sheriffs). The attainder of the Cliffords during the Wars of the Roses, until its reversal in the first year of Henry the Sixth, causes a void as regards their family, their places being filled from among the supporters of the House of York."[1] For a considerable period Westmorland was treated as part of Yorkshire, the Sheriff of the latter county rendering an account of the two places jointly. From the time of John, however, the accounts rendered for Westmorland by Yorkshire Sheriffs would have been as Sub-Vice-Comites for the Vetriponts.

The High Sheriffs and their connections lived in considerable state when the country was sufficiently peaceable to permit of it. This is proved by the arrangement and size of their castles, while Sir Lancelot Threlkeld, half-brother of Henry Clifford, used to boast that he had three n.o.ble houses. One, at Crosby Ravensworth, where there was a park full of deer, was for pleasure; one for profit and warmth wherein to reside in winter, was the house at Yanwath; and the estate at Threlkeld was "well stocked with tenants ready to go with him to the wars." The various "progresses"

of the Countess Anne also afford evidence of the state kept up, for she frequently speaks of her journeys from one castle to another "escorted by my gentlemen and yeomen."

Among the numerous pieces of patronage which became the prerogative of the High Sheriffs of Westmorland, was that of the Abbey of Shap, but there does not appear to be any record when this and other privileges pa.s.sed from them, the property being granted by Henry the Eighth to the Whartons.

Where so much power lay in the hands of one person, or of one family, differences with other authorities was perhaps inevitable. The interests of the burgesses of Appleby would seem to have clashed at times with those of the Sheriff, and for very many years the parties kept up a crusade against each other, especially during the reigns of the first three Edwards. What the cost of those proceedings may have been to the Sheriff cannot be told, but on the other side the result was the forfeiture of rights for a considerable time, because the fee farm rent had got into arrear. The Hereditary High Sheriff had the privilege of appointing the governor of the gaol at Appleby, but he had to pay 15 per annum towards the salary, while the magistrates appointed the other officials and made up from the county rates the remainder of the cost of the inst.i.tution.

The long period during which the holders of the Sheriffwick held the privilege is the more remarkable--as Sir G. Duckett, Bart., reminded the northern archaeologists in 1879--because of the way in which ancient grants and statutes have in almost all cases become a dead letter and obsolete.

A singular incident in connection with the Sheriffwick happened about seventy years ago, and is recorded in the life of Baron Alderson, father of the Marchioness of Salisbury. The Baron went to Appleby to hold the half-yearly a.s.sizes, but on arriving there found that he could not carry out his work because Lord Thanet was in France, and had omitted to send the doc.u.ments for obtaining juries. The Judge had therefore to spend his time as best he could for several days, until a messenger could see the High Sheriff in Paris and obtain the necessary papers.

When the eleventh and last Earl of Thanet died in June, 1849, the male line of the family ceased, the estates pa.s.sing by will to Sir Richard Tufton, father of the present Lord Hothfield. The office of Hereditary High Sheriff was claimed by the Rev. Charles Henry Barham, of Trecwn, nephew of the Earl, but a question arising as to the validity of a devise of the office, Mr. Barham relinquished his claim in favour of the Crown.

An Act was afterwards pa.s.sed--in July, 1850--making the Shrievalty in Westmorland the same as in other counties.

Watch and Ward.

The geographical position of the two counties rendered an extensive system of watching essential for the safety of the residents. In the northern parts of c.u.mberland, along the Border, this was particularly the case; but there watch and ward was more of a military character than was necessary elsewhere, while as it was a part of the national defence it pa.s.sed into the care of the Government for the time being. From the necessity for "watching and warding" against the northern incursions, came the name of the divisions of the two counties. c.u.mberland had for centuries five wards; more recently for purposes of local government these were increased to seven; and Westmorland also has four wards.

The regulations of the barony of Gilsland, in a ma.n.u.script volume belonging to the Earl of Lonsdale, are very explicit as to what was required of the tenants in the way of Border service. These stipulated for good horses, efficient armour and weapons for the bailiffs, and a rigid supervision of those of lower rank. The tenants' nags were ordered to be "able at anye tyme to beare a manne twentie or four-and-twentie houres without a baite, or at the leaste is able sufficientlye to beare a manne twentie miles within Scotlande and backe againe withoute a baite." Every tenant, moreover, had to provide himself with "a jacke, steale-cape, sworde, bowe, or speare, such weapons as shall be thought meatest for him to weare by the seyght of the baylife where he dwelleth or by the land-serjeante." The rules as to the watch required that every tenant should keep his night watch as he should be appointed by the bailiff, the tenant breaking his watch forfeiting two shillings, which in those days was a formidable amount. The tenants had to go to their watch before ten o'clock, and not to return to a house till after c.o.c.k-crow; they were also required to call twice to all their neighbours within their watches, once about midnight, and "ones after the c.o.c.kes have crowen."

Detailed instructions were drawn up for the guidance of the men during their watches. These were even less emphatic, however, than those which referred to the maintenance and keeping of the beacons, of which fourteen public ones (including Penrith and Skiddaw) are named in Nicolson and Burn's History. Modernising the spelling, one of the paragraphs runs as follows:--

"The watchers of a windy night shall watch well of beacons, because in a wind the fray cannot be heard, and therefore it is ordered that of a windy night (if a fray rise) beacons shall be burnt in every lordship by the watchers. One watcher shall keep the beacon burning and the other make speed to the next warner, to warn all the lordships, and so to set forwards. And if the watchers through their own default do not see the beacons burn, or do not burn their own beacons, as appointed, they shall each forfeit two shillings. If the warners have sufficient warning by the watchers, and do not warn all within their warning with great speed, if any fault be proved of the warner he shall forfeit 18d."

The "Orders of the Watch" made by Lord Wharton in October, 1553, are of considerable local interest in connection with this subject, and the following extracts may for that reason be quoted:--

"Ainstable, Armathwhaite, Nunclose, and Flodelcruke to keep nightly Payt.w.a.th with four persons; William Skelton's bailiffs and constables to appoint nightly to set and search the said watch. Four fords upon Raven, to be watched by Kirkoswald, Laisingby, Gla.s.senby, Little Salkeld, Ullesby, Melmorby, Ranwyke, and Harskew: at every ford nightly four persons; and the searchers to be appointed by the bailiffs and constables, upon the oversight of Christopher Threlkeld, the King's Highness's servant. Upon Blenkarn Beck are five fords, to be watched by Blenkarn, Culgaith, Skyrwath, Kirkland, Newbiggin, Sourby, Millburn, Dufton, Marton, Kirkbyth.o.r.e, Knock, and Milburn Grange; bailiffs and constables to appoint searchers: Overseers, Christopher Crackenthorp, and Gilbert Wharton, the King's Highness's servants. Upon the water of Pettrel: From Carlisle to Pettrelwray; bailiffs and constables there, with the oversight of the late Prior of Carlisle for the time being, or the steward of the lands. And from thence to Plompton; overseer of the search and watch nightly John Skelton of Appletreethwayt, and Thomas Herrington, Ednal and Dolphenby; Sir Richard Musgrave, knight, overseer, his deputy or deputies. Skelton and Hutton in the Forest; overseers thereof, William Hutton and John Suthake. Newton and Catterlen, John Vaux, overseer, nightly. For the search of the watches of all the King's Highness's lands, called the Queen's Hames, the steward there, his deputy or deputies, nightly. From the barony of Graystock; the Lord Dacre, his steward, deputy or deputies, overseers. This watch to begin the first night of October, and to continue until the 16th day of March; and the sooner to begin, or longer to continue at the discretion of the Lord Warden General or his deputy for the time being. Also the night watch to be set at the day-going, and to continue until the day be light; and the day watch, when the same is, to begin at the day light, and to continue until the day be gone."

[Ill.u.s.tration: PENRITH BEACON.

_From a Photo by Mr. John Bolton, Penrith._]

Penrith Beacon had an important place in the system of watch and ward in the south-eastern parts of c.u.mberland and North Westmorland. As a former local poet wrote:--

"Yon grey Beacon, like a watchman brave, Warned of the dreaded night, and fire-fed, gave Heed of the threatening Scot."

The hill before being planted as it now appears, was simply a bare fell, without enclosures of any kind. The late Rev. Beilby Porteus, Edenhall, in one of his books,[2] after mentioning the uses of Penrith Beacon, added:--"Before these parts were enclosed, every parish church served as a means of communication with its neighbours; and, while the tower of Edenhall Church bears evident tokens of such utility, there yet exist at my other church at Langwathby, a morion, back, and breast-plate, which the parish were obliged to provide for a man, termed the 'Jack,' whose business it was at a certain hour in the evening to keep watch, and report below, if he perceived any signs of alarm, or indications of incursions from the Border."

South Westmorland had as its most important look-out station, Farleton Knott, where "a beacon was sustained in the days of Scottish invasion, the ruddy glow of which was responded to by the clang of arms and the war notes of the bugle."

Wardhole, now known as Warthol, near Aspatria, was once an important protection station, watch and ward being kept against the Scots; from this place "the watchmen gave warning to them who attended at the beacon on Moothay to fire the same." The ancient beacon of Moota is about three miles from c.o.c.kermouth. Dealing with the natural position of Bothel, Nicolson wrote over a century ago:--"The town stands on the side of a hill, where in old time the watch was kept day and night for seawake, which service is performed by the country beneath Derwent at this place, and above Derwent, in Copeland, at Bothil, in Millom. It is called _servicium de bodis_ in old evidences, whereupon this hill was named the _Bode-hill_, and the village at the foot of it _Bode-hill-ton_ (Bolton), or _Bodorum Collis_. The common people used to call a lantern a _bowet_, which name and word was then in use for a light on the sh.o.r.e to direct sailors in the night, properly signifying a token, and not a light or lantern, as they call a message warranted by a token a _bodeword_, and the watchmen were called _bodesmen_, because they had a _bode_, or watchword given them, to prevent the enemy's fraud in the night season."

There was a noted beacon near Bootle, from which that town took its old name--"Bothill"--the beacon being fired, upon the discovery of any ships upon the Irish Sea which might threaten an invasion, by the watchmen who lay in _booths_ by the beacon. For the support of this service the charge or payment of seawake was provided. This payment occurs in connection with various manors; thus on an inquisition of knights' fees in c.u.mberland it was found that Sir William Pennington held the manor of Muncaster "of the King as of his castle of Egremont, by the service of the sixth part of one knight's fee rendering to the King yearly for seawake 12{d}, and the puture of two serjeants." At the same inquiry it was certified that William Kirkby held the manor of Bolton, in the parish of Gosforth, of the King "by knight's service, paying yearly 10/- cornage, and seawake, homage, suit of court, and witness-man." He also paid two shillings seawake for other lands in the district. Many other instances of this tax for watch and ward in old days might be quoted, but diligent search and inquiry during the last few months have failed to show that it is now exacted in any form, or when the payments were allowed to lapse.

Of watch and ward as applied to town and village life as distinct from Border service there may be found in c.u.mberland and Westmorland records many very interesting and suggestive reminders. By the famous statute of Winchester it was provided that from Ascension Day to Michaelmas in every city six men should keep watch at every gate, in every borough twelve men, and in every other town six or four, according to the number of the inhabitants, and that these should watch the town continually all night from the setting to the rising of the sun. This was but one of three kinds of watches, the others being kept by the town constable, and the other set by authority of the justices. Every inhabitant was bound to keep watch in his turn, or to find another. It was specially provided that the watching and warding should be by men able of body and sufficiently weaponed, and therefore a woman required to watch might procure one to watch for her.

While the person thus chosen had to bear sundry punishments in default of carrying out a duty which was neither pleasant nor safe, there was the wise provision that if a watchman were killed in the execution of his duty, as in endeavouring to apprehend a burglar, his executors were ent.i.tled to a reward of 40. In the standard work by Orton's best known former Vicar may be found two copies of Westmorland warrants, one for the keeping of watch, and the other for the commitment of a person apprehended by the watch, while there is also a copy of an indictment for not watching. This was no mere matter of form; for hundreds of years after King Edward inst.i.tuted the system it was the chief safeguard against robbery, and in a great many places against incursions of the enemy.

At Kendal watch and ward was strictly maintained, not for the purpose of keeping out marauding Scots or other undesirable characters, but for the maintenance of quiet and order in the streets. In 1575 the Mayor and burgesses of Kendal made the following order with reference to the watching of the borough:--

"It is ordered and const.i.tuted by the Alderman and head burgesses of this borough of Kirkby Kendal, that from henceforth nightly in the same borough at all times in the year, there shall be kept and continued one sufficient watch, the same to begin at nine of the clock of the night, and to continue until four of the clock in the morning, in which watch always there shall be six persons, viz., two for Sowtergate, two for Marketstead and Stricklandgate, and two for Stramagate, to be taken and going by course in every constablewick one after the other, and taking their charge and watchword nightly off the constables or their deputies, severally as in old times hath been accustomed; which six persons so appointed watchmen nightly shall be tall, manlike men, having and bearing with them in the same watch every one a halberd, ravenbill, axe, or other good and sufficient iron bound staff or weapon, sallett or scull upon every one his head, whereby the better made able to lay hands upon and apprehend the disordered night walkers, malefactors, and suspicious persons, and to prevent and stay other inconveniences, and shall continually use to go from place to place and through street and street within the borough during all the time appointed for their watch, upon pain to forfeit and lose to the Chamber of this borough for every default these pains ensuing, that is to say, every householder chargeable with the watch for his default 3s. 4d., and every watchman for his default such fine and punishment as shall be thought meet by the Alderman and head burgesses."

Shortly before the end of 1582 the foregoing order was repealed and another regulation subst.i.tuted. The material part was in the following quaint terms, the original spelling being observed: