NOTES TO "WILLIE O' SCALES."

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.

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