Although schools in churches were very common, the holding of Courts in

such buildings could not have been frequent. At Ravenstonedale, where

numerous customs peculiar to the parish or immediate district prevailed,

the people had a strong belief in home rule, and insisted on having it. In

the old church there were two rows of seats below the Communion table,

where the steward of the manor and jury sat in their Court of Judicature

in the sixteenth century. The malefactors were imprisoned in a hollow

arched vault, the ruins of which were to be seen not much more than a

quarter of a century ago on the north side of the church. There was so

much wrangling over cases, and the manifestation of such a bad spirit,

which the parishioners felt was unbecoming and unsuited to such an

edifice, that they petitioned Lord Wharton, the lord of the manor, to have

the trying of cases removed to a house belonging to him which stood near

the church. This was granted, and subsequently the Court was held in the

village inn and other places.

"A gentleman who carries out archidiaconal functions," is the familiar,

though vague, definition of an archdeacon in our own time, but a couple of

centuries ago that church official had very definite duties and powers. As

Mr. G. E. Moser, solicitor, Kendal, once reminded the members of the two

counties' Archaeological Society, the visits of the Archdeacon of Richmond

to Kendal--where he sentenced offenders from his chair of state erected in

the High Quire--were looked forward to with awe and reverence. The

churchwardens' books contain the following among other entries:--"Paid for

bent to strawe in the High Quire against Sir Joseph [Cradock] came."

"Paid to the Churchwardens, which they laid out when they delivered their

presentments to Sir Joseph Cradock." "Paid for washing and sweeping the

Church against Sir Joseph's coming to sitt his Court of Correction, which

was the 7 July, 1664." "At the peremptory day, being the 18th day of

October, 1664, the general meeting of the churchwardens, whose names are

herunder written doth order that Geo. Wilkinson shall keep the clock and

chimes in better order, and shall keep swine out of the churchyard, and

whip the dogs out of the church in time of divine service and sermon, and

remove the dunghill and the stable-door which opens into the churchyard

before the next peremptory day, and reform all abuses belonging to his

office, or else the Churchwardens will make complaint so that it shall be

referred to the ordinary."

Chancellor Ferguson told the members that he had found in some documents,

relating to an unnamed Cumberland church, an order that no swine should be

allowed in the churchyard unless they had rings in their noses! There are

many reminders available of the days when rushes or other growths were put

on church floors, by such entries as that in Waberthwaite registers,

dated 1755:--"Bent bought, 12d." At Millom there are charges for dressing

the church. Between 1720 and 1783 there are several entries in the

Hawkshead registers with reference to "strawing the church"--meaning the

covering of the floor with rushes. There are also here, as at Penrith and

some other places, allusions to payments for collecting moss, with which

the rain was often kept out of the churches.

It was, even within the last half century, a common occurrence for dogs to

accompany their owners to church, but the officials did not appreciate the

custom. Mr. John Knotts, in 1734, left an estate at Maulds Meaburn for the

use of the poor of the township, from which five shillings yearly had to

be paid for keeping dogs out of Crosby Ravensworth Church. The legality of

the will was disputed on a technicality, and the heir-at-law paid a sum of

money instead, which was invested, but how long the crown was paid for

anti-dog purposes is not known. The Rev. J. Wilson wrote in his parochial

magazine a few years ago:--"In the olden days in Dalston there was an

officer whose duty it was to whip dogs out of church during service time,

and, strange as it may seem, the custom under another name and in

somewhat altered guise existed till the old church was demolished in 1890.

The parish dog-whipper had L1 a year for his salary during the latter

portion of the 18th century, when the duties of the office were extended

to other matters. In the parish accounts the following entry occurs: 'May

3, 1753 John Gate for whipping the Dogs out of church, opening and

shutting ye sashes, sweeping ye church &c. for one year, L01 00 00.' The

same entry occurs regularly every year till 1764, when his widow

undertakes the job: 'May 6th 1764 Wid: Gate for whipping ye Dogs out of ye

church, opening and shutting ye sashes, sweeping ye church L01 00 00.' The

office of dog-whipper continues to be mentioned every year till 1774, when

it disappears, and the entry is changed to: 'May 1, 1774, Wid: Gate for

cleaning ye church L01 00 00.'" The church records show that at Penrith an

annual payment of two shillings was made for many years to the

dog-whipper. Among the items bearing on church expenses contained in the

Torpenhow registers in 1759, was an annual allowance of 5s. to the sexton

for whipping dogs out of the church, and that he might the more

efficiently do his work he was granted an extra allowance of 3d. for a

whip and 2d. for a thong. There is an item in the Waberthwaite records

which runs:--"According to the canons laitly sett down, four sydmen

[synodsmen] are to be appointed every year, one of whose duties is to

keepe the dogges out of the chirche, 1605." At Hawkshead a dog-whipper was

provided from 1723 to 1784. If the following paragraph, which appeared in

the _Cumberland Pacquet_, in January, 1817, may be believed, there was at

least one dog which would not incur the wrath of either parson or

dog-whipper:--"Mr. William Wood of Asby, parish of Arlecdon, has a cur dog

which for these four years past has regularly attended church, if within

hearing of the bells; and what is more singular, the animal never misses

going to his master's seat whether any of the family attend or not."

Manorial Laws and Curiosities of Tenures.

No doubt because of the proximity of the district to the Border, the

tenures by which certain properties were held in Cumberland and

Westmorland must be regarded as quite local in their character. The

observances are, of course, all the more interesting on that account, and

even in cases for which parallels are to be found in other parts of the

kingdom, little peculiarities may sometimes be seen in local instances

which throw light on the former habits of the people. Lords of manors were

once individuals possessed of great powers. The lords of Millom held their

property for hundreds of years, and had _jura regalia_ within the

seignory, in memory of which a modern stone erected at Gallow, half a mile

below Millom Castle, has the inscription,

"Here the Lords of Millom exercised jura regalia."

The lord of the manor of Troutbeck, Windermere, is also believed to have

formerly exercised a jurisdiction over capital offences.

Where such powers existed, it is by no means surprising that the homage

exacted from tenants and servitors on various occasions was of a character

that in modern days would be regarded as extremely degrading. Thus when a

free tenant went to his lord's residence to do homage according to custom

and duty, he was ushered into the presence of his superior without sword

or other arms, and with his head uncovered. The lord remained seated, and

the tenant with profound reverence knelt before the great man. With his

clasped or joined hands placed between those of the lord, the homager

repeated the following vow, which seems to have been in practically the

same terms in various manors:--"I become your man from this day forward,

for life, for member, and for worldly honour, and unto you shall be true

and faithful, and bear you faith for the lands that I hold of you, saving

the faith that I owe to our Sovereign Lord the King." The lord, still

sitting, then kissed the tenant, as a token of his approbation. In

Cumberland and Westmorland there are several villages named Carleton, this

being one of the reminders of the days of serfdom. The carls were simply

the basest sort of servants--practically slaves.

The former servile condition of the poor in the neighbourhood of barons'

houses is also preserved in such names as Bongate, or as it was always

written in old documents, Bondgate, at Appleby. In the great trial between

the Cliffords and the burghers, when the former claimed the services of

the freemen, it was decided that neither Robert de Vetripont nor any of

his heirs ever had seizin of the borough, where the burgesses lived, but

that King John gave to him "_Vetus Apilbi ubi villani manent_"--"Old

Appleby, where the bondmen dwell." The bondmen, or villeins, were probably

of the same social standing as those known as drenges, the Cliffords

having very many drengage tenements in various parts of their Sheriffwick.

"The drenges were pure villeins--doubtless Saxons kept in a state of the

vilest slavery, being granted by the lords of the manor, with a piece of

land, like so many oxen. In fact they were as much the property of the

lord of the manor as the negroes in the West Indian Colonies were formerly

the property of the sugar planters. It is probable that the drenges were

employed to perform all the servile and laborious offices at Brougham

Castle; for in 1359, Engayne, lord of Clifton, granted to Roger de

Clifford, by indenture, the service of John Richardson, and several

others mentioned by name, with their bodies and all that belonged to

them."[8]

In the reign of Richard the First there was given to the church of

Carlisle, "lands in Lorton, with a mill there, and all its rights and

appendages, and namely the miller, his wife, and children"--apparently

clear evidence of the servitors being regarded as part of the property.

Several manorial lords claimed for their tenants the right to go toll-free

throughout England. This was the case with Armathwaite, while the

privilege also pertained to the prioress and nuns at Nunnery. The manor of

Acorn Bank, near Temple Sowerby, used to have the right, or rather the

privilege was claimed. In the time of the late Mr. John Boazman (the

immediate predecessor of Mr. Henry Boazman, the present owner), the

following was written:--"The lords of this manor can still claim and

exercise for themselves and tenants all the privileges granted to the

Knights Templars, the most important of which is exemption from toll

throughout England. The tenants when travelling carry a certificate,

signed and sealed by the lord of the manor. This certificate, after

reciting part of the old charter, concludes as follows:--'Which charter

[that of Henry the Second] was confirmed by King Charles of England,

Scotland, and Ireland, in the fourth year of his reign, in witness whereof

I, the said John Boazman, as lord of the manor, have executed and set my

manorial seal.'" The burgesses of Appleby also possessed under their early

charters privileges of a like character, and these would doubtless be of

very appreciable value.

The ancient family of Hoton, or Hutton, were by Edward the Third, in

consideration of the service rendered to him by Thomas de Hoton in the

wars against Scotland, restored to the bailiwick and office of keeping the

King's land or forest in Plumpton, which was first bestowed upon them

prior to the time of Edward the First. It is believed that this led to the

family taking a horn as their badge. Besides the monetary payment of

something under L2 yearly, it was found in the reign of Henry the Seventh

that the lands were also held by the service of holding the stirrup of the

King's saddle while his Majesty mounted his horse in the Castle of

Carlisle. The adjoining manor of Newton Reigny was held in the early days

of the Lowthers by the service of finding for the King in his wars against

Scotland one horseman with a horse of the value of forty shillings, armed

with a coat of mail, an iron helmet, a lance, and a sword, abiding in the

war for forty days with the King's person. At a later date the terms were

varied; there was then the paying of two shillings per annum for cornage,

and the providing, for the King's army, "one horseman with habiliments,

one lance, and one long sword." Penrith and five other manors were once

held by the Kings of Scotland by paying one soar-hawk yearly to the

constable of the Castle of Carlisle, with some privileges concerning

rights in Inglewood Forest. The manor of Cargo, near Carlisle, was held

for many generations by the family of de Ross, by the rendering of a hawk

or a mark of silver yearly. When the same manor was the property of the

Lacys, it was held by cornage, and afterwards by the Vescys for a mew'd

hawk yearly in lieu of all services.

In the manor of Gaitsgill and Raughton were twenty-two freehold tenants in

1777, who paid 28s. 8-3/4d. yearly free rent, did suit and service at the

lord's court when called upon, and paid yearly to the Duke of Portland as

chief lord of the Forest of Inglewood L2 13s. 2d., besides sending a man

to appear for them at the Forest Court at Hesket every St. Barnabas's

Day, and that representative was to be on the inquest. This manor was at

the Conquest "all forest and waste ground," and was enclosed by one

Ughtred, who held of the King "for keeping the eyries of hawks which bred

in the Forest of Inglewood." The posterity of Ughtred took their surname

from Gatesgill, and adopted the sparhawk for their cognisance. The

neighbouring manor of High Head (Higheved) was held of Edward the Third by

William English by the service of one rose yearly. Later, in the time of

Henry the Eighth, it was held by William Restwold as an approvement of the

forest by fealty and the service of rendering at the King's exchequer of

Carlisle one red rose yearly at the feast of St. John the Baptist.

In the reign of Philip and Mary, Alexander Armstrong was granted a

considerable amount of property, including a mill, in the parish of

Gilcrux, at a very low rental, on condition of finding and maintaining

five horsemen "ready and well-furnished, whenever the King and Queen and

the successors of the Queen shall summon them within the county." In

documents belonging to the abbey of Holme Cultram, whereby Flemingby (now

known as Flimby, between Maryport and Workington) was handed over to the

monks, Gospatric, the donor, inserted a clause that he would himself do

for the monastery "noutegeld and the like due to the King; and also to the

lord of Allerdale of seawake, castleward, pleas, aids, and other

services." The nutgeld tax--an impost apparently peculiar to the Border

counties--was even last century frequently enforced in Cumberland and

Westmorland.

The custom of providing for gilt spurs was of a practical kind, the

articles being peculiarly useful to the grantor. "Every knight (who served

on horseback) was obliged to wear gilt spurs; hence they were called

_equites aurati_." The reservation, by Gospatrick, of homage to be

performed by William de Lancastre has provided some interesting questions

for past generations of historians and antiquaries. William de Lancastre

the second gave thirty marks to the King that he might have the privilege

of fighting a duel with Gospatrick, and the theory propounded was that

this contest was caused because "the tenant's proud spirit could not brook

such a humiliation as that of doing homage." Remembering the conditions of

life, the supposition is not at all improbable, for what man of good birth

would care to submit to perform the service described in the second

paragraph of this chapter? In the same parish of Kirkby Lonsdale, William

de Pickering had the manor of Killington granted to him for the yearly

payment of a pair of gilt spurs, or sixpence, at the feast of Pentecost,

and the service of the twentieth part of one knight's service when

occasion should require.

Alice Lucy, a member of the once very powerful family of that name,

reserved out of Wythop a penny rent service, or a pair of gloves; and a

long time afterwards it was found that Sir John Lowther, knight, held the

same manor "by homage, fealty, and suit of court at Cockermouth ... and

the free rent of one penny or one red rose." The manor, now held by Sir

Henry R. Vane, Bart., Hutton-in-the-Forest, was subsequently sold to the

Fletchers under the services just mentioned. In addition to a heavy fine,

and a rental of L10 yearly, Thomas de Multon paid "one palfrey for the

office of forester of Cumberland," granted to the family by King John. One

of Multon's ancestors, Richard de Lucy, also gave money and a palfrey in

order to obtain the grant and other privileges.

At Hesket, yearly, on St. Barnabas's Day, by the highway side under a

thorn tree (according to the very ancient manner of holding assemblies in

the open air), wrote Nicolson in 1777, was kept the Court for the whole

forest of Inglewood, to which Court the manors within that vast

circumference (above twenty in number), owed suit and service; and a jury

was there impannelled and sworn for the whole forest. It is a shadow or

relic of the ancient Forest Courts; and here they pay their compositions

for improvements, purprestures, agistments, and puture of the foresters,

and the jurors being obliged to attend from the several manors, seems to

be part of that service which was called _witnesman_. "Improvements" in

this case means permission to take up open lands belonging to the manorial

lord.

Horn tenures, locally known as cornage, were common. At Brougham Hall is

preserved the old and quaintly fashioned horn which was sounded by the

former owners of the estates in complying with the requirement to blow a

horn in the van of the King and his army, when the monarch went into

Scotland, or at other times when the Scots made incursions to the southern

side of the Border. An interesting relic of the same description is

possessed at Carlisle--the "Horn of the Altar." The Charter Horn has thus

been described by Archdeacon Prescott:--"In the year 1290 a claim was made

by the King, Edward the First, and by others, to the tithes on certain

lands lately brought under cultivation in the Forest of Inglewood. The

Prior of Carlisle appeared on behalf of his convent, and urged their right

to the property on the ground that the tithes had been granted to them by

a former King, who had enfeoffed them by a certain ivory horn which he

gave to the Church of Carlisle, and which they possessed at that time. The

Cathedral of Carlisle has had in its possession for a great number of

years, two fine walrus tusks, with a portion of the skull. They appear in

ancient inventories of the goods of the cathedral as 'one horn of the

altar in two parts,' or 'two horns of the altar' (1674), together with

other articles of the altar furniture. But antiquaries came to the

conclusion that these were identical with the 'ivory horn' referred to

above.... Such Charter Horns were not uncommon in ancient days."

Blackmail used to bear a significance not fully understood by the modern

use of the word. In the north of England it signified, especially in

Cumberland, a certain rent of money, corn, or other things, anciently paid

to persons inhabiting upon or near the Border, being men of name and

power, allied with certain robbers within those counties, to be freed and

protected from the devastations of those depredators. By 43 Elizabeth,

cap. 13, it was provided that to take any such money or contribution,

called blackmail, to secure goods from rapine, was made capital felony, as

well as the offences such contribution was meant to guard against. Tenants

in those old times had nearly all the privileges of paying; their

opportunities for getting anything without cash or labour were few. One

such concession which they enjoyed was "plowbote," being the right of

tenants to take wood to repair their ploughs, carts, and harrows; and for

the making of such articles of husbandry as rakes and forks. Fire-bote was

the term applied to a right enjoyed by many tenants, being the fuel for

firing, and obtainable out of the lands granted to them. Timber-lode was a

service by which tenants were to carry to the lord's house timber felled

in his woods. The Dean and Chapter of Carlisle were formerly obliged to

provide the tenants of the manor of Morland with wood for the reparation

of their houses. This was released by an endowment of L16 per annum,

being given by the Dean and Chapter to the school.

Boon services of all kinds were common in all the manors along what is

known as the eastern fell side--the base of Cross Fell, and north and

south thereof. Before they were enfranchised by Sir Michael le Fleming,

the tenants of Skirwith had to supply such boons as reaping, mowing,

ploughing, harrowing, carrying coals, and spinning a stipulated number of

hanks of yarn. Up to the latter half of last century each tenant of the

manor of Threlkeld was obliged to find half a draught for one day's

ploughing; give one day mowing, one day shearing, one day clipping, and

one day salving sheep; one carriage load once in two years, but not to go

above ten miles; and to dig and lead two loads of peats every year, the

tenants to have sufficient meat and drink when they performed these

services. The cottagers were to perform the same services, only instead of

half a plough they were to find one horse with a harrow, and a footman

instead of a carriage load. The tenants were also bound to the lord's

mill, pay the fortieth corn, and to maintain the wall and thatch of the

mill. The tenants had house-boot (wood for repairing their houses) as set

out by the lord's bailiff; peats, turves, ling, whins, limestone, and

marl, with stones and slate for building. About 1764, half the tenants

bought off these services at a cost of five guineas each, the mill service

only excepted. The tenements paid twopence each yearly as greenhue rent,

an impost which was once a common payment by Cumberland and Westmorland

manorial tenants; along with it in the Eskdale and Mitredale manors of the

Earls of Egremont was a due called "door-toll." What may have been the

origin of the latter seems to be now unknown.

At Parsonby, near Aspatria, the tenants had to give to the parson each one

boon day yearly at reaping. In the neighbouring parish of Blennerhasset

the tenants, besides being subjected to heriots, each provided one day at

mowing, shearing, ploughing, and meadows dressing, and two days leading

coals. Higher up the fells the score of tenants at High Ireby and

Ruthwaite, under Mr. Fletcher, had to give one day a year, or pay

threepence; one would suppose the most economical alternative was to pay

cash. At Egremont the burgesses who had ploughs were obliged to till the

lord's demesne one day in the year, but every burgess was required to

find a reaper. In one of the manors of the parish of Wetheral, the

tenants, in addition to their monetary payments, had to render to the

Aglionby family, of Nunnery, boon days shearing and leading corn, with a

certain quantity of oats called foster oats, six pecks being equal to four

of Carlisle measure. Various attempts have been made within recent years

to ascertain definitely what was the origin and meaning of the term.

Nicolson says it was "perhaps heretofore for the use of the foresters,

this part being within the forest of Inglewood." That this was probable is

also shown by a rule which existed in the barony of Greystoke, which was

held of the King _in capite_ by the service of one entire barony,

rendering L4 yearly at the fairs of Carlisle, suit at the County Court

monthly, and serving the King in person against Scotland. The lord's

tenants, of whom there were some hundreds early in this century, had to

pay "a 20d. fine on the death of lord or tenant, and a 30d. fine upon

alienation; also to pay foster rents, foster corn, mill rents, greenhue,

peat silver, and boons for mowing and leading peats."

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