The long and scattered hamlet of High and Low Scales, is on the
west side of Crummock Beck, near Bromfield, and a few miles from
Wigton in Cumberland. Skells or scales, from a Saxon or Gothic word
signifying a cover, was the name given to those slight temporary
huts made of turf or sods which in the mountainous district of
this county and Scotland are called Bields. They were erected
most commonly for the shelter of shepherds; and during the later
periods, in the border wars to protect the persons who were
appointed to watch the cattle of the neighbourhood. Few estates in
the kingdom have belonged to one family longer than this of THE
GILL, which was formerly, however, much more extensive, comprising
most probably the neighbouring hamlet of Scales. Another somewhat
uncommon circumstance belonging to it is, that, to the close of
last century, and for anything we know to the contrary, to a much
later date, the owner had always lived on and occupied it himself;
it had never been in the hands of a farmer.
The Reays of Gill, however variously their name has been spelled
and pronounced by different branches of the family, derived it from
one on whom it was undoubtedly bestowed as being characteristical
and descriptive of himself. The active hunter, the companion and
the friend of William the Lion, was called in the commoner Saxon
language of his time Ra, or Raa, a Roe, from his unparalleled
swiftness. In Scotland and Germany a roe is still pronounced rae,
as it was formerly in England.
"When the deer and the rae
Lightly bounding together,
Sport the lang simmer day
On the braes of Balquhither."
The tradition is that the head, or chief, of this family had a grant
of the lands of Gill to him, and his heirs for ever, from William
the Lion, King of Scotland, whose eventful reign lasted nearly half
a century; and who died in 1214. This grant is said to have been
made, not only as a reward for his fidelity to his prince, but as
a memorial of his extraordinary swiftness of foot in pursuing the
deer, outstripping in fleetness most of the horses and dogs. The
conditions of the grants were, that he should pay a pepper corn
yearly, as an acknowledgment, and that the name of William should,
if possible, be perpetuated in the family. "And this is certain,"
says a writer in the Gentleman's Magazine about the year 1794,
"That ever since, till now, a William Reay has been owner of the
Gill. There is every reason to believe that the present John Reay
is the first instance of a deviation." It is said that even in that
instance the deviation was not made without deliberation; William
the father having first consulted an eminent lawyer, whether he
might safely call his son John. It was replied that mere length of
occupancy would quiet the possession and make the title good.
The great military tenure of lands in this district was by HOMAGE,
FEALTY and CORNAGE. This last (cornage) drew after it _wardship_,
_marriage_, and _relief_. And the service of this tenure was
_knight's service_. HOMAGE was the most honourable service, and
the most humble service of reverence, that a free tenant can do
to his lord. For when he was to do homage to his lord, he was to
appear ungirt, bareheaded, without his sword, and, kneeling on both
knees, his hands held out and clasped between his lord's, was to
say--"I become your man from this day forward of life, and limb,
and earthly honour, and unto you will be true and faithful, and
faith unto you will bear for the tenements that I claim to hold of
you, saving the faith that I owe to our Sovereign Lord the King."
And then the lord so sitting was to kiss him; by which kiss he was
bound to be his vassal for ever.
When a free tenant was to do FEALTY to his lord, he was to hold
his right hand upon a book, and say thus--"Know ye this, my lord,
that I will be faithful and true to you, and faith to you will bear
for the tenements which I claim to hold of you, and that I will
lawfully do to you the customs and services which I ought to do at
the terms assigned; so help me God and his Saints." But he was not
to kneel, nor make such humble reverence as in homage; and fealty
might be done before the steward of the court, but homage could
only be done to the lord himself.
CORNAGE, called also HORNGELD, and NOWTEGELD or (cow-tax) seems
early to have been converted into a pecuniary fine, being a
stipulated payment in the first instance for the finding of
scouts or horners to procure intelligence. It was first paid in
cattle. The tenants who held by cornage were bound to be always
ready to serve the King and lord of the manor on horseback, or on
foot, at their own charge; and when the King's army marched into
Scotland, their post was in the vanguard as they advanced, and in
the vanguard on their return. Because they best knew the passes
and defiles, and the way and manner of the enemy's attacking
and retreating. _Wardship_ and _marriage_ were included in this
tenure. When the tenant died, and the heir male was within the
age of twenty one years, the lord was to have the land holden of
him until the heir should attain that age; because the heir by
intendment of law was not able to do knight's service before his
age of twenty-one years. And if such heir was not married at the
time of the death of his ancestor, then the lord was to have the
wardship and marriage of him. But if the tenant died leaving an
heir female, which heir female was of the age of fourteen years or
upwards, then the lord was not to have the wardship of the land,
nor of the body; because a woman of that age might have a husband
to do knight's service. But if such heir female was under the age
of fourteen years, and unmarried at the time of the death of her
ancestor, the lord was to have the wardship of the land holden of
him until the age of such heir female of fourteen years; within
which time the lord might tender unto her convenable marriage
without disparagement; and if the lord did not tender such marriage
within the said age, she might have entered into the lands, and
ousted the lord.
Thus the consent of a superior lord was requisite for the marriage
of a female vassal; and this power was distorted into the right of
disposing of the ward in marriage. When the King or lord was in
want of money it was by no means unusual to offer the wards, male
or female, with their lands, in a sense to the highest bidder. If
the ward refused to fulfil the marriage so made, then a sum was due
from the estates equal to what they would have fetched.
_Relief_ was a certain sum of money, that the heir, on coming of
age, paid unto the lord, on taking possession of the inheritance of
his ancestor.
A _Knight's fee_ was estimated, not according to the quality but
the quantity of the land, about 640 acres; and the relief was
after the rate of one fourth part of the yearly value of the fee.
The _lord's rent_ was called _white money_, or _white rent_, from
its being paid in silver.
SCUTAGE or service of the shield, was another compensation in
money, instead of personal service against the Scots.
The DRENGAGE tenure, which prevailed about Brougham and Clifton,
was extremely servile. The tenants seem to have been drudges to
perform the most laborious and servile offices. Dr. Burn quotes
authority to prove that Sir Hugh de Morville in Westmorland changed
drengage into free service; and that Gilbert de Brougham gave one
half of the village of Brougham to Robert de Veteripont to make
the other half free of drengage. One of the de Threlkelds also,
who lived at Yanwath Hall, in the time of Edward I., relieved his
tenants at Threlkeld of servile burdens at four pence a head. The
services were half a draught for one day's ploughing; one day's
mowing; one of shearing; one of clipping; one of salving sheep; one
carriage load in two years, not to go above ten miles; to dig and
load two loads of peat every year--the tenants to have their crowdy
(a coarse mess of meal, dripping and hot water) while they worked;
the cottagers the same, only they found a horse and harrow instead
of the half plough, and a footman's load, not a carriage load.
Many of these have long been lost sight of; and now most of the
lands, whether held on customary or arbitrary tenures, merely pay
an almost nominal rent, besides certain fines, to the lord of the
manor. Nevertheless there is much truth in what Blackstone says:
that "copy holders are only villeins improved."
Lands of arbitrary tenure pay, with certain deductions, fines of
two years value on the death of lord or tenant, or of both, and
on alienation. Some pay dower to the widow; others do not. Some
pay a live heriot, which means the best animal in the tenant's
possession; others, a dead heriot, that is, the most valuable
implement, or piece of furniture. In Catholic times, the Church
also, on some manors, claimed as heriot the second best animal
the tenant might die possessed of, and on others the best. In
some instances a heriot is only payable when a widow remains in
possession of the tenement, and in these cases the original object
of the impost was to recompense the lord of the manor for the
loss of a man's military service during the widow's occupancy. In
some joint manors where two, or perhaps three, lords have claims
for heriots, very discreditable, and, to a dying tenant's family,
very distressing scenes are enacted; for, when it becomes known
that the holder of a tenement so burdened is on his death-bed, the
stewards of the several manors place watches round the premises,
who ascertain what and where the best animal may be, and, as soon
as the demise of the tenant is announced, a rush ensues, and an
unseemly contest for possession.
In arbitrary lands some lords claim all the timber; others only the
oak; others the oak and yew; others oak and white thorn; and so on.
In some the tenant is bound to plant two trees of the same kind for
every one he fells; but tenants have a right to timber for repairs,
rebuilding, or implements, though they must not cut down without
license. Many lands are bound to carry their grain to the manorial
mill to be ground and _multured_; but this custom has fallen into
disuse. Most lords retain the minerals and game if they enfranchise
the soil, as many have done.
Many lands used to pay boons of various kinds; and some of these
services are still enforced. By these were demanded so many men or
boys, horses, carts, &c., in peat cutting time, hay time, harvest,
wood-cutting and carting, and so on. In Martindale Chace, near
Ulswater, where Mr. Hasell has a herd of that now rare species, the
Red Deer, the tenants are bound to attend the lord's hunt once a
year, which is called on their court roll a _Boon Hunt_. On this
occasion, they each held their district allotted on the boundaries
of the Chace, where they are stationed, to prevent the stag flying
beyond the liberty. In the east of Cumberland, the tenants were
obliged to send horses and sacks to St. Bees, for salt for the
lord's use; some had to bring their own provisions when engaged in
these services: some were entitled to a cake of a stated size for
each man, and a smaller for a boy, on assembling in the morning
at a fixed hour, under a certain tree, as was the custom at Irton
Hall. Breach of punctuality forfeited this cake, but the work was
always exacted. Certain farms in some manors were bound to maintain
male animals for the use of all the tenants, subject to various
conditions and regulations. Formerly many tenants paid a pound of
pepper at the lord's court; others only a pepper-corn; and some
lands are still held by this custom.
Many other peculiar customs connected with the tenure of land
formerly existed.
Curious individual exemptions from certain burthens are to be
met with occasionally. In the parish of Renwick a copyholder
is released from payment of the prescription in lieu of tithe,
paid by all his neighbours, because one of his ancestors slew "a
cock-a-trice." This monster is alleged to have been nothing more
than a bat of extraordinary size, which terrified the people in
church one evening, so that all fled save the clerk, who valiantly
giving battle, succeeded in striking it down with his staff. For
this exploit, which is stated to have taken place about 260 years
ago, he was rewarded with the exemption mentioned, which is still
claimed by his successors.
In the parish of Castle-Sowerby, the ten principal estates were
anciently called _Red Spears_, on account of the singular service
by which the tenants held them, viz:--that of riding through
the town of Penrith on Whit-Tuesday, brandishing their spears.
Those who held by this tenure were of the order of Red Knights,
mentioned in our law books; a name derived from the Saxon, who held
their lands by serving the lord on horseback. _Delient equitare
cum domino suo de manerio in manerium, vel cum domini uxore._ In
times of peace, it is presumed they held the annual service above
noted as a challenge to the enemies of their country, or those
who might dispute the title of their lord, similar to the parade
of the Champion of England at a coronation. The spears were about
nine feet in length, and till within the last century, some of
them remained in the proprietors' houses, where they were usually
deposited; and were sureties to the sheriff for the peaceable
behaviour of the rest of the inhabitants.
The ancient owners of the Red Spears estates annually served as
jurors at the forest court held near Hesket, on St. Barnabas Day,
by which they were exempted from all parish offices.