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 noble 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 passed 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 institution.
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 archæologists 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 assizes, 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 documents 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 passing 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 passed—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 Cumberland, 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 passed 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. Cumberland 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 manuscript 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 cock-crow; they were also required to call twice to all their neighbours within their watches, once about midnight, and “ones after the cockes 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 Paytwath 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, Glassenby, 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, Kirkbythore, 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,