Records Relating To the Barony of Kendale: Volume 3. Originally published by Titus Wilson and Son, Kendal, 1926.
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Crosthwaite and Lyth
1556 The original chapel was very ancient but it did not obtain sacramental rights till the reign of Queen Mary, 1556, when Cuthbert, Bishop of Chester, in consideration of the great distance from the mother church at Heversham, granted a licence, dated 24 January, that "Mass shall be celebrated in the said chapel, the canonical hours rehearsed, the bodies of the dead buried and the sacraments administered by fit priests approved by the Vicar of Heversham for the time being. "The Registers say:—" Ecclesia Crosthwaitiensis sanctificata fuit 7 Julii Anno Dom. 1557."
1573 22 April. In the Will of Agnes, the widow of George Levens of Crosthwaite, under this date, mention is made of her three sons, William, Peter and Robert, and of her granddaughter Sybil, the daughter of Robert, also of Sir John Birkhead, chaplain of Underbarrow. Surtees Socy., vol. 26, p. 235.
Petition of the inhabitants that the bridge called Winster Bridge dividing Westmorland and Lancashire is in decay and a great part fallen down: Order that the chief constables of Kendal do take a survey thereof and give an account to this Court what the charges will amount to for repair of the same, that half of the same may be collected for the purpose out of the county. Ibid.
1692 Easter. Upon the humble petition of the inhabitants of Lyth quarter showing that Warhead Cawsey, Thorpey Bridge and Warhead Dyke are very ruinous and in great decay and hath formerly so often as the same were in decay been repaired as well by Crosthwaite as by Lyth: Ordered that the inhabitants of Crosthwaite do for the future contribute with the inhabitants of Lyth towards the repair of the same as formerly. (Ibid.). In October following, whereas by an order of this Court in April last it appears that the inhabitants of Crosthwaite ought to be contributory with the inhabitants of Lyth quarter for the repair of Warhead Causey, Thorpey Bridge and Warhead Dyke, the same being in decay, according to the several dalts formerly allotted them, which order the inhabitants of Crosthwaite have not yet obeyed: it is therefore ordered that the said inhabitants of Crosthwaite within a fortnight of the notice being given shall assist towards the repair and upon refusal the parties so offending are hereby ordered to be bound to their good behaviour. (Ibid.). On 13 January following, whereas the order of 7 October, 1692, to the inhabitants of Crosthwaite having been disregarded; ordered that within a fortnight they repair Warhead Cawsey, Thorpy Bridge and Warhead Dyke or that the several persons so offending are hereby ordered to be conveyed by the constables before the next Justice of the Peace. K. Order Book, 1669–96.
1696 24 April. The following, being suspected persons, have neglected or refused to make and subscribe the Declaration and take the oaths: Thomas Dawson and John Threlkeld. K. Indictment Book, 1692– 1724.
1710 21 April. The surveyor of highways and other inhabitants of Crosthwaite and Lyth show that in 1665 and 1672 some charities were left for repairing the highways there as by bond of James Hodgson and others, and by the will of George Cock, deceased, may appear; and whereas it does not appear what is become of the said charity or how it is applied; order to James Hodgson, surviving obligee in the bond and the trustees or their successors of the said will to appear on 6 May next to give an account of the charity and its administration. (K. Order Book, 1696–1724.) On 11 July following James Hodgson, surviving obligee, and Edward Garnet and William Garnet, trustees of the charity named above, having neglected to appear at the adjourned Court held on 6 May last are ordered to appear at the next sessions. Ibid.
1711 5 October. The matter of the disposal of the above charity is referred to the award of Mr. Thomas Shipherd, Mr. Robert Hubbersty and Mr. Thomas Lickbarrow, to report as to how the charity has been administered and its present state and to order the highways in decay there to be repaired out of the said charity. (Ibid.). On 18 January following, the referees report that a difference had existed between the inhabitants of Crosthwaite and those in Lyth concerning the repair of a causeway and ditch in Lyth called the Orehead Causey; by the consent of both parties the arbitrators ordered that the inhabitants of Lyth should immediately receive £4 out of the rent or stock of the corn mill of Crosthwaite and Lyth towards the repair of the said causeway and ditch on condition that henceforth the inhabitants of Crosthwaite should be acquitted from repair of the same. That Thomas Wilson, surveyor of highways in Lyth received on 12 January, 1711/12, of Joseph Garnett of Crosthwaite the sum of £4. Order made absolute. K. Order Book, 1696–1724.
1715/6 13 January. Robert Rood of Whitebeck in Lyth, yeoman, and James Bell of the same, yeoman, bought sheep on the common called Lythmyre, with intent to resell them at unreasonable prices, and to increase the prices, to the prejudice of the King's subjects; fined 2s. 6d. each. K. Indictment Book, 1692–1724.
1726 July. Presentment that the highway lying in Crosthwaite Town End quarter, betwixt Durham Bridge and an Outland Gate called Hinkeld Lane, is very ruinous and in decay. (K. Indictment Book, 1725–37). On 6 October, 1727, James Burrow and Thomas Robinson of Crosthwaite complained that the above highway still continued to be ruinous, whereupon an order was issued to the surveyor to repair the same before next Sessions, on pain of £10. K. Order Book, 1725–37.
1740 18 April. Presentment that New Bridge in Crosthwaite is one of the public bridges and that 300 feet at the west end of the said bridge is in need of repair; order to the high constable to view and report the condition thereof. K. Order Book, 1738–50; also Indictment Book, 1738–50.
1762 11 January. Petition of the surveyors of highways setting forth that the highways within the township of Crosthwaite are greatly out of repair and that the 6 days labour is insufficient to effectually repair the same; it is ordered that an assessment of 6d. in the pound be levied upon the several inhabitants owners and occupiers, and in case of refusal or non payment within 10 days after demand, it be levied by distress and sale of goods, etc. (K. Order Book, 1760–70). Similar petitions and orders were made on 12 January, 1767, 9 January, 1769, and 8 January, 1770. Ibid.
1762 14 July. Presentment that there is a common and ancient watercourse, moss runner and fence dyke in Crosthwaite at a certain place called Moss Side Moss containing in length 2,000 yards and in breadth 8 feet from a certain place called Low End of the Heald meadow to a certain other place called Whitbeck Bridge, was and yet is very ruinous, etc. and that Roger Dickinson and Isaac Cartmell both of Crosthwaite, John Biggins and Thomas Dixon, both of Lyth and all those who hold any land adjoining to the said ancient watercourse ought by reason of their tenure to repair and amend the same. K. Indictment Book, 1760–70.
1764 9 January. Presentment that half of a certain bridge called Bowland Bridge is one of the public bridges, and that half of the said bridge and 40 yards at the east end of it is in great decay, etc. and ought to be repaired at the public expense of the county. (K. Indictment Book, 1760–70). Ordered that the two high constables do forthwith view the said bridge and report the state at the next sessions. Ibid.
1804 13 January. On the Roll of this Sessions is filed an Appeal by the Rt. Hon. William, lord Viscount Lowther and Richard Howard, esq., lords of the manor of Crosthwaite and Lythe, against the boundaries fixed by the Commissioners appointed for dividing, allotting and inclosing the Commons, etc. in the parish of Heversham. The Appeal was heard on 10 July following and allowed. And it is further decided and adjudged that the true and right boundary between the Townships of Crosthwaite and Lyth and Witherslack is as set forth and claimed by the Appellants, that is to say, beginning at the foot of that part of Whitbarrow Scar, called Raven Scar, and proceeding south-westward on the foot of Whitbarrow Scar to Red Raike, thence westward by the foot of the said last mentioned Scar to a stream of water, running from White Well, thence northward by the said stream to the said Whitewell, in the bank under Whitbarrow Scar, thence north-west in a direct line to the wall against the old inclosures in Witherslack, opposite to the large well in Low Cragg wood, belonging to the Earl of Derby, thence northward by the fence near the foot of the Scar to the foot of Cowdraine Rake, thence by the fence dividing the Common called Whitbarrow from the old enclosures in Witherslack to Bell Raike, formerly called Yews Skar Raike, being near the north end of Yews Skar, otherwise Black Yews Skar, where the fence dividing the old inclosures in Witherslack and Crosthwaite and Lyth meets the fence against Whitbarrow Common and thence northward by the fence dividing the said Common from old inclosures in Crosthwaite and Lyth to How Ridding where the said boundaries lately in dispute terminate. K. Minute Book, 1780–1804.
1811 15 July. Indictment that Nicholas Long of Crosthwaite and Lyth, labourer and Martin Crosthwaite of the same, labourer, on the 1 October with force and arms at the church there situate, did unlawfully and wilfully break and enter the grave within the said church in which one William Garnett, deceased, had lately been interred, and indecently did then and there force break and open the coffin and did beat, mangle, tear, cut, disfigure, expose, lay naked and open to the sight the body to the great scandal and disgust of all Christian people, etc. (K. Indictment Book, 1811–17). On 7 October, 1811, the two defendants were found guilty, and were each fined 5 shillings, which they paid to the Sheriff. Ibid.
1819 12 July. Presentment that a certain common bridge over the river Pool commonly called Lyth Pool Bridge in the common highway leading between the market towns of Milnthorpe and Ulverston is in great decay, narrow, broken and ruinous, etc., and that the inhabitants of the County ought to repair the same. It is ordered that the judgment of the Court be suspended until the next Easter Sessions. K. Indictment Book, 1817–24.
1826 13 January. Order with plan annexed for widening and enlarging part of a highway leading out of the turnpike road from Milnthorpe to Ulverston, into and unto a certain other turnpike road leading from K. Kendal to the market town of Ambleside, the length of 107 yards through the lands and grounds of John Wilson; of the length of 229 yards through the lands of Robert Townson; 39 yards of Thomas Whitwell; 37 yards of John Dickinson; 150 yards of Thomas Taylor; 246 yards of George Dacre; 88 yards of James Atkinson; 379 yards of John Newby; 80 yards of Robert Turner; 549 yards of John Wakefield; 60 yards of John Pearson; 176 yards of Tobias Strickland; 237 yards of Margaret Garnett; 135 yards of Isabel Garnett situate in the lower division of the township of Undermilbeck; of the length of 169 yards of Joseph Bateman; 44 yards of Birkett Ellery and of the length of 189 yards through the lands and grounds of Anthony Garnett, situate in the higher division of the township of Undermilbeck. K. Indict. Book, 1824–34.
1827 8 January. An order with a plan annexed for widening and enlarging part of the highway leading out of the turnpike road from Milnthorpe to Ulverston and into another turnpike road from Kendal to Ambleside, in the Church Town quarter of Crosthwaite, of the length of 741 yards through the lands of the Rev. Robert Bell. Ibid.
1840 10 April. Ordered that the Bridge Master be directed to survey the temporary bridge made by the Commissioners for the Lyth Drainage and take the necessary steps that it be erected in a perfectly safe way for the passage of her Majesty's subjects. K. Order Book, 1839–76.
1920 18 May. Johnscales, Johnskills or Thorpey Cut Bridge carries the main Levens to Bowness road over the Lyth Marsh drain at the junction of the Flodder Hall road. It is in bad condition and shows signs of giving way. It has a span of 8 feet. The surveyor reported that many years ago the drain was deepened two feet leaving the abutments resting high and dry on the clay banks. The bridge is maintainable by the owners and occupiers of the allotments set out in the Heversham Inclosure Award. In view of the heavy char-a-banc traffic over the bridge the surveyor erected notices prohibiting weights of 3 tons and upwards to pass over it. On 1 November following it was resolved that the County Council be recommended to take over the bridge from the Drainage Authorities if it were first put into complete repair and if the Drainage Authorities should pay the sum of £100 for relief of their responsibility for maintenance of the bridge. C.C. Minutes, 1920–21.
1923 7 December. It was reported that the landowners of the Helsington, Levens, Underbarrow and Crosthwaite and Lyth Drainage areas, and the Meathop and Witherslack Drainage Board, were desirous of carrying out a scheme for the better drainage of their district, affecting some 5000 acres of the best agricultural land in Westmorland. The total scheme is estimated to cost £30,000 or thereabouts and the Government has granted 75 per cent. of this as unemployment benefit, and the landowners have agreed to find the balance. C.C. Minutes, 1923–24.