Records Relating To the Barony of Kendale: Volume 3. Originally published by Titus Wilson and Son, Kendal, 1926.
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WITHERSLACK, MEATHOP AND ULPHA.
1542 21 December. In the Will of Edmund Pereson, tanner, under this date, he desires to be buried within his parish church of Bethome before the image of Our Lady. Item, I give and bequeath my whole title and tenantright of my house and farmhold with all the appurtenances thereto belonging in "Wyderslakke" unto Thomas Borrow son unto my daughter Mabel, also I will that Edward Borrow brother to the said Thomas, have his father's place lying at the Storthe after the decease of my said daughter Mabel. Also it is my will that such a sum of goods as I have named unto Sir Richard Dykonson, vicar of Bethome and others shall be given unto a stock at my said parish church towards the finding of a priest to teach a free school and to pray for my soul and all Christian souls. Also it is my will that four nobles of the said sum shall be given to pray for my son's soul, Miles Peresone . . . . Also it is my will to make the cost of the mason work to the supportation and making of a bridge at the end of Milnthorpe. Also I give to the mending of the cawsey betwixt Cinderbarrow and . . .wbrige . . . . Also it is my will such goods as I have given to a stock to the finding of a priest at the chapel of our Lady on ye . . . . in ye Widerslakke shall remain to the same purpose for ever, etc., etc. Surtees Soc., vol. 26, p. 27.
1644 21 December. Bond of John Leyburne of Witherslack, esq., and two sureties in £300 to James Bellingham of Levens, esq., that the said John Leyburne shall not travel above five miles from his dwelling houses of Witherslack and Skelsmergh without licence or a ticket from Col. Bellingham, nor hold any intelligence with any of the party in arms against the Parliament, but be ready to render his body whensoever Col. Bellingham shall send for him. (Kendal Corporation Deeds, bundle C. 5). This is in accordance with the Act of 35 Elizabeth, c. 2, for " the better discovering and avoiding of such traiterous and most dangerous conspiracies and attempts as are daily devised and practised against the Queen's Majesty, by sundry wicked and seditious persons, who terming themselves Catholicks, and being indeed spies and intelligencers not only for her majesty's foreign enemies, but also for rebellious and traiterous subjects born within the realm, and hiding their most detestable and devilish purposes under a false pretext of Religion, do secretly wander about from place to place to corrupt and seduce her majesty's subjects and to stir them to sedition and rebellion." "Be it enacted that every person above the age of sixteen, being a popish recusant, shall repair to their place of dwelling where they usually made their common abode, and shall not at any time after pass or remove above five miles from thence," etc.
1653/4 20 January. Indenture made between Rt. Hon. Charles, Earl of Derby, of the one part and John Leyburne of Witherslack, esq., of the other part Witnesseth that the said earl in consideration of a competent sum of money to him truly paid by the said John Leyburne and for divers other good causes and valuable considerations him thereunto specially moving Hath granted bargained sold aliened enfeoffed and confirmed to the said John Leyburne his heirs and assigns All that capital messuage or mansion house commonly called Wither Slacke situate in Witherslack Park and one barn, an oxhouse, a stable and a malt kiln, a courtyard, an orchard, a garden and greens, containing in the whole by estimation 2 acres 1 rood; and also all that Park or demesne lands called Witherslack Park consisting of several parcels of land, namely, 33 acres arable, 37 acres meadow, 620 acres of rockey and woody pasture bounded on the south-east with a certain parcel of land called the "Deare Garthes," on the north with Whitbury common and a place called Howredding, on the west with certain lands called Poobancke and on the south with certain lands called the Customary Lands and with a certain common called Witherslack Common; and also all that "stocke and game of deare" in the said Park and all and every or any other part of the premises . . . . . whatsoever to the said capital messuage park and premises belonging. All which now are or late were in tenure of the said John Leyburne or his assigns; and all other the lands tenements and hereditaments in Witherslack, etc., and containing in the whole by estimation 694 acres, 3 roods. . . . . To have and to hold the said capital messuage, lands, tenements, hereditaments and premises to said John Leyburne his heirs and assigns for ever, etc., etc. And be it remembered that on 18 February in abovesaid year the said earl came before Oliver, lord Protector of the Commonwealth of England in Chancery and acknowledged the indenture. Enrolled 3 July, 1654. Close Roll, 3826, part 56, Abstract.
1664 21 October. The Will of John Barwick, D.D., Dean of St. Pauls. (fn. 1) I John Barwick . . . . give and bequeath to my three brethren, Nicholas, William and Peter each £200, and to George the son of my brother William £200 and to the three daughters of my brother William £100 a piece . . . . Item I give moreover to my brother Nicholas £100 in recompense of that good service he hath done me at Durham in managing all my affairs there, and to my brother doctor Peter Barwick £100 as a debt I owe him for attending me in my sickness, and the sum of £200 more in recompense of his care and pains to be taken as my executor. Item I give and bequeath all my plate to my sister Anne the wife of my brother doctor as an acknowledgment of my thankfulness for her tender care over me in the time of my sickness (consumption), . . . . . whereas I have lately purchased of Sir Thomas Dacre the rectory or parsonage impropriate of Lazonby in co. Cumberland in the name of my brother Doctor Peter Barwick, And whereas the village or hamlet of Witherslack the place of my nativity is four or five miles distant from the parish church and is cut off from it by the interposition of an arm of the sea twice every day and is both troublesome and dangerous for passage especially for burial of the dead from the said village, my will and mind is that the whole profits of the said Rectory be in the first place employed in and upon the purchasing inclosing and consecration of a parcel of ground to be made a church-yard and annexed to the chapel of Witherslack. . . . . or if the inhabitants of Witherslack shall be indifferent or as well contented to bury their dead at the now church-yard or parish church, then all the issues and profits of the said Rectory to be employed for ever in manner and form following . . . . videlicet six and twenty pounds yearly thereof to the curate of Witherslack as an augmentation to his salary; provided that he be in the Holy Order of Priesthood, that he be diligent and conformable to perform the office of the Church at all such times as by law and laudable custom is required, that he be of a pious sober and peaceable life and conversation, that he keeps a school within the hamlet and teach the children of the inhabitants gratis, that he be diligent in catechising the children and servants publickly in the chapel, that he instruct the said inhabitants out of the Homilies of the Church set forth or to be set forth by publick authority but that he do not presume to preach unless he be found sufficiently enabled and be thereunto licensed by the Bishop of the Diocese; 40s. thereof to the vicar of Lazonby for a small augmentation to his vicarage, etc., etc.
1669 3 February. Know ye that I the Right Hon. Charles, earl of Derby, out of the fervent zeal and affection I have and bear to the service and worship of Almighty God and other considerations. Have given granted and confirmed to (trustees named) All that parcel of ground with the appurtenances in Witherslack whereupon a church by my order and consent is lately built and erected and now enclosed with a stone wall for a church-yard To hold to them to the intent and purpose that the right rev. father in God John lord bishop of Chester may at his next visitation consecrate the same for the worship and service of God and to be a burying place for ever.
1671 The New Chapel, built it is said by the munificence of Dean Barwick, was consecrated on 22 June, 1671, by John Wilkins, Bishop of Chester. On the following day the bishop admitted John Brockbank as curate.
1671 26 June. John, by divine permission lord Bishop of Chester, To all Christian people, etc. Whereas my predecessor George (late lord Bishop of Chester) upon the petition of the greater part of the inhabitants of the Chapellry of Witherslack, etc., did give leave for the removal of the said chapel and for the erecting it anew in a place more convenient for the inhabitants and for the burial of their dead . . . . which thing is since effected and the same for the Administration of the Sacraments, Burial of their dead and other holy and religious uses lately consecrated. And whereas there was very anciently and beyond the memory of man the sum of twenty nobles per annum or thereabouts payable and constantly paid by the inhabitants according to a certain rate and rule well known and used amongst themselves and according as the said inhabitants were placed higher or lower in the forms or seats in the said Old Chapel, to the minister or Curate officiating there as his constant annual salary. And whereas also the late reverend John Barwick, D.D. and Dean of St. Pauls', London of his religious Piety and Zeal for the honour of Almighty God and benefit and ease of the inhabitants there, hath by his last Will left the sum of six and twenty pounds yearly to be paid to the Minister aforesaid as an augmentation of the salary, out of the profits of the Rectory of Lazonby. Now know ye that if any person because of the said Doctor Barwick's plentiful and pious indotation of the said new Chapel, or for any other pretended cause shall at any time hereafter withold the said ancient and accustomed payments of the aforesaid salary of 20 Nobles a year or any part thereof, I do hereby confirm the said ancient salary and do order and require that the same be henceforth duly paid by the said inhabitants, etc. In testimony whereof I have hereunto put my hand and Episcopal seal the 26th day of June in the year of our Lord God One thousand six hundred seventy one.
1672 13 January. Alan Bellingham, esq., states that "whereas proof hath been made unto me by ye oaths, etc. that ye persons hereunder named, beinge above the number of five and above the age of sixteene yeares over and besides them of ye family of Thomas Pearson of Witherslack, upon the 4th day of December last past were assembled together in ye house of Thomas Pearson ye elder (Pool Bank in the manor of Witherslack) under pretence of religious worshipp and in other manner than according to the Liturgie and practice of ye Church of England, together with many other unknown persons, etc. In pursuance of an Act of Parliament entitled 'An Act to prevent and suppresse seditious Conventicles,' I doe hereby convict these said persons for ye sd fact, etc, and impose ye severall fines or summes of money hereafter menconed, etc. Which record I doe certifye to this Court being ye next Quarter Sessions of ye peace for this County. Thomas Pearson ye elder £20, John Pearson of Powe and his wife 10s., Richard Simpson of Allythwayt the speaker £20, Jane Taylor of Newton, Lawrence Newton of Cartmell Fell, Richard Britton of Newton, Christopher Fell of Nether Newton and John Barrow of ye Mosse Side, each 5 shillings. K. Indictment Book, 1669–1692.
1681 13 June. Agreement between Mistress Katherine Leyburne of Witherslack, spr., and Francis Bowes of Beckhead, yeo., that Mistress Leyburne her heirs and administrators shall "Keepe upp and maintaine a sufficient deere fence to fence and keepe off the deere from the said Francis Bowes ground from Laundsfield to Coppick Hill," for which Francis Bowes has paid her 10s., and he "is to keepe upp and maintaine a sufficient pasture fence between the said Mistress Leyburne and himself and (with permission) to cutt, cropp, topp or stubbe upp by the rootes any manner of wood that is nearest to the fence on the said Mistress Leyburne's side, except Ashe and Oake, for makinge fencinge and maintaininge the said pasture fence." Farrer, MS. Hist. of Witherslack.
1696 24 April. The following being suspected persons, have neglected or refused to make and subscribe the Declaration and take the oaths: Roland Thornbarrow, and Walter Kendall. K. Indictment Book, 1692–1724.
1700 March. Mary Chamney (of Kate House) by her last will bequeathed £20 towards the building of a bridge at the Powhouse over the Pow (Pool) called Lindale Pow; but if no bridge was built or begun to be built within five years after her decease she bequeathed half the sum to the poor of Beetham on the far side of the water, and the other half to the poor of Witherslack, Meathop and Ulpha. Farrer, MS. Hist. of Witherslack.
1712 15 July. Order to the high constable of K. Ward to view the public bridge called Bleacragg bridge between Lancashire and this county and report at the next Sessions with an estimate. (K. Order Book, 1696–1724). On 17 April following an order was issued to the high constable to contract for the amendment of the Westmorland end. Ibid.
1730/1 20 January. License to James Barrow of Meathop "to use and exercise the art and mystery of a drover within the county of Westmorland for one year." This license was repeated on 16 January, 1741/2.
1732 21 April. Petition of the inhabitants of Witherslack, Methop and Ulva that a river called Ulva pool running between Methop and Ulva to the sands is frequently impassable by reason of land floods or great tides which occasion such hollows and quicksands in the pool that the inhabitants and other travellers cannot for several days pass the same without hazard of their lives, and that the erection of a bridge over the pool would be of public use and praying, etc.; order to the two high constables to view the pool and at next sessions make a faithful report of the condition of the pool and whether the erection of a bridge be of necessity and would conduce to the public benefit. K. Order Book, 1725–37.
1749/50 12 January Presentment that Ulvey Pool Bridge in the King's highway leading from the township of Meathop to the market town of K. Kendale is so ruinous and broken for want of repair and rebuilding that the subjects of the King cannot pass or travel with their horses, carts and carriages as they used to do without great danger of their lives, etc. and that James Barrow, John Barrow, George Taylor all of Meathop ought to rebuild and amend the said bridge. (K. Indictment Book, 1738–50). On 20 September following a receipt —reciting an agreement that was entered into between Robert Bindloss of Deepthwaite and Robert Crakell of Viver, masons, of one part, and James Barrow and John Barrow, yeomen, and George Taylor, shipwright, all of Meathop, of the other part, to build and erect a stone bridge with one arch over the Poole called Ulvah Poole near Meathop and keep the same in repair for seven years after it was finished in consideration of payment of £9 on completion—that £9 was paid this day. On 5 October following a certificate was produced that the bridge was in good and sufficient repair, and the indictment was discharged. (K. Indictment Book, 1750–60). And whereas the inhabitants of Meathop and Ulvah have set forth that they have at their own proper expense rebuilt the said bridge they crave the charitable assistance of the court towards reimbursing them the sums expended. Now this court compassionating the hardships which the said inhabitants have laboured under hath thought fit to order that the high constable of Kendale Ward shall pay the said inhabitants £4 as a gratuity but that it shall not be construed or taken to be a precedent for future claims. K. Order Book, 1750–60.
1772 13 January. Presentment that a certain common and ancient King's highway leading from the town of Ambleside to the town of Milnthorpe, used for all the liege subjects of the King, etc. and that a certain part beginning at Knott Yeat to a place called Blea Cragg Bridge, containing in length 1½ mile and in breadth 5 yards, is very ruinous, etc. and ought to be repaired by the inhabitants of Witherslack. (K. Inict. Book, 1770–80). Certified as in good and sufficient repair on 10 January, 1774. Ibid.
1773 19 April. Presentment that there was and yet is a certain common and ancient King's highway leading from the market town of Hawkshead to the market town of Milnthorp and that a certain part of the same beginning at a place called Stockbridge to a certain Place called the Marsh Bridge containing in length 1100 yards was and yet is very ruinous, etc., and that Daniel Wilson of Dallam Tower, esq. and Matthew Martindale of Ulva, gent., have from time to time repaired it and still ought to repair and amend when and so often as need shall require. K. Indict. Book, 1770–80.
1775 24 April. Presentment that Daniel Wilson of Dallam Tower, Esq., Matthew Martindale, of Ulva and John Barrow of Meathop on the 2 January, 15 George III, with force and arms a certain ancient watercourse adjoining to the King's common highway leading from the town of Witherslack to the town of Beethom with gravel mud and other materials unlawfully and injuriously did obstruct and stop up the said watercourse, by reason whereof the rain and waters that were wont and ought to flow through the said watercourse did overflow and remain in the King's highway and thereby the same is great hurt and spoiled, etc. Ibid.
1821 30 April. Filed an order with plan annexed for the stopping up and disposing of a certain part of the public highway leading from the township of Witherslack towards and unto Levens Bridge, situate near Whitbarrow, for the length of 1110 yards coloured yellow on plan, reserving to William Bowness, esq., a free passage to the lands belonging to him adjoining thereto and also a footpath for the inhabitants of Witherslack for the whole length thereof. K. Indict. Book, 1817–24.
Also an order with plan annexed for diverting the road leading from Witherslack towards Levens Bridge for the length of 720 yards, coloured red on plan, to make the same nearer and more commodious to the public in lieu thereof along a certain private carriage road set out by the Witherslack Commissioners for the length of 512 yards and of the breadth of 20 feet, coloured blue on plan, and the old highway to be sold or disposed of reserving to William Greenwood a free passage through the said land the length of 278 yards commencing at the south-west end thereof and other free passages as therein mentioned. Ibid.
The like order with plan annexed for stopping up the highway leading from the site of the late bridge over the river Pool towards Witherslack for the length of 376 yards coloured red on plan, reserving nevertheless to the Hon. Fulk Greville Howard and the Rt. Hon. William, earl of Lonsdale, free passages as therein mentioned. Ibid. See plan on p. 220.
1865 4 August. On the death of Peregrine Bingham (admitted to the estate in 1856) the messuage and lands composing the Whitbarrow Lodge estate of 810 acres 1 rood and 32 perches was sold to William Farrer Ecroyd for £14,700. Farrer, MS. Hist. of Witherslack.