The Later Records Relating To North Westmorland Or the Barony of Appleby. Originally published by Titus Wilson and Son, Kendal, 1932.
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THE PARISH OF ST. JOHN, KIRKBY STEPHEN.
In this parish we have Tumuli at Windy Hill, Ash Fell, and a barrow with subsequent Roman interment at Wiseber Hall. "Croglin Castle" with its ring embankment and entrenchment. Cairns exist between Lammerside and Pendragon.
The Norman castle of Pendragon is supposed to have been built about the year 1180, but the most authentic mention that we have of a stone castle here is in the year 1314. The jurors at the Inquisition p. mortem of Robert de Clifford found that there is a castle of stone in Mallerstang called Pendragon, held by Andrew de Harcla by payment of a yearly rent of 6d. Roger, his son, being then 15 years old, the custody of the castle was committed by Edward 11 to Guy de Beauchamp, earl of Warwick. Roger coming of age, was drawn into that conspiracy which Thomas, earl of Lancaster, formed against the king, and, being taken a prisoner was beheaded at York. The Inquisition p. mortem taken at his death in 1327 found that he died possessed of this castle of Pendragon, together with the Forest of Mallerstang, also that the buildings in the castle could not be extended, for that the cost of maintaining the same exceeded the profits thereof. The fortunes of the castle, however, were resuscitated when the twice widowed Idonea came into residence, indeed it seems to have risen to the zenith of its glory during her time. The Lady Anne in her Memoirs of the Clifford family tells us that "Pendragon castle was Idonea's chief and beloved habitation." Here, in the year 1333, she entertained Balliol, king of Scots, and here also she died, aged 73.
Notwithstanding Balliol's friendly visit a Scottish raiding party destroyed the castle by fire in 1341. It was repaired by another Roger de Clifford who married Maud Beauchamp and who died seised of the castle in 1390–1, leaving it to his son Thomas. Then again we find it laid in ruins in 1541, but whether by the Scots or accident by fire, we have no means of ascertaining. For 119 years it continued a desolate ruin until it was re-edified by the Lady Anne in 1660. Her diary tells how she formed the design of restoring the castle as early as 1615, for a library for a Mr. Christopher Wobridge. To give an easier access to the castle she built the neighbouring bridge over the Eden and, in 1662, "a wall of lime and stone around the castle 90 roods in compass, with two gates and within it a stable, coach-house, brew-house, bake-house, wash-house and a little room over the gate which is arched."
With the Norman Conquest came a great revival of monastic life and the enriched Norman barons founded and heaped benefactions upon new monasteries. Thus Ivo de Tailbois between 1090 and 1097 granted the rectory and advowson of this church, together with many others, to Stephen de Whitby, the first abbot of the newly formed Benedictine Abbey of St. Mary of York. This grant was confirmed between 1120 and 1130 by the Englishman, Ketel son of Elftred.
About the year 1135 Athelwald, Bishop of Carlisle, confirmed to the convent of St. Mary at York the gift by Ivo de Tailbois of the church with its appurtenances. The said convent to make sufficient provision for a curate and enabling him to pay the synodals. About the year 1147 Henry 11 granted to the abbey the same rights and privileges to which the churches of St. Peter in York and St. John of Beverley were entitled and after taking note of de Tailbois gift the king by his letters patent confirmed the same.
The "Antique Taxatio Ecclesiastica" of Pope Nicholas iv (1291) valued the rectory at £90 and the vicarage at £26. 13. 4. with a pension payable to the Abbot and Convent of 20s. and a pension receivable from the church of Crosby Garrett of 5s.
At this time the vicarage was merely stipendiary but the endowment came when in 1292 a dispute arose concerning the church between Walter, Bishop of Carlisle, and the Abbot and Convent. It was referred to the Prior of Carlisle, the Almoner of the Convent and others, who awarded that the church with its appurtenances and chapels should belong to the said abbot and convent for ever; and that the vicar of the vicarage should have all the Altarage with all profits of the said church and its chapels, except the tithes of sheaves of corn and pulse not being in the tofts and gardens, also 8 oxgangs of Glebe and a sufficient mansion paying yearly to the said abbot and convent half a mark of silver on the feast of St. Martin. Further that upon the resignation or death of the rector, John Ferentine, who had one half of the Altarage at that time, that half should accrue to the said vicar without any molestation from the abbot and convent. And that from that time the vicar and his successors should pay yearly to the said abbot 20s. and pay all ecclesiastical dues. The Award also affirmed that the said abbot and convent should grant to the Bishop of Carlisle and his successors the right of patronage of the churches of Cliburn, Ormside and Musgrave.
At the dissolution of the monastery, 29 November, 1539, the rectory and the advowson of the vicarage became vested in the Crown and three years later the King's Receiver's accounts show that only the tithes of corn were accounted for and that no tithes of hay or small tithes whatsoever went to the Crown.
The Manor of K. Stephen was granted by the king on 20 March, 37 Henry VIII, when in consideration of £427. 13. paid by Thomas lord Wharton he received all that Lordship and Manor of K. Stephen with all rights, members and appurtenances late of the monastery of the Blessed Mary near the walls of the City of York now dissolved; and divers messuages and lands in K. Stephen and amongst others a messuage and tenement called the Parsonage and one garden there with the appurtenances; and divers messuages and lands in Nateby, Winton; and all singular messuages, granges, houses, mills, tofts, cottages, meadows, feedings, pastures, void grounds, wastes, furze, heaths, moors, marshes, woods, rents, revenues, fruits, fines, amerciaments, heriots, wards, marriages, escheats, reliefs, courts, views of frankpledge, waifs, estrays, chattels of felons and fugitives, free warren and all other rights, jurisdictions, liberties, franchises and profits whatsoever with the appurtenances situate in K. Stephen, Nateby and Winton.
The Rectory remained in the Crown till 5 June, 3 Edward VI, when it was granted to Sir Richard Musgrave together with the advowson and right of patronage of the vicarage. On 18 February, 4 Edward VI, Sir Richard in consideration of the sum of £471 conveyed the same to Thomas lord Wharton, except the tithes of corn and hay arising out of Hartley, Soulby and Kaber. On 18 September, 1721, Philip last Duke of Wharton in consideration of £300, as it is said, sold the advowson of the vicarage to Matthew Smales.
Immediately after this the Rev. John Atkinson, the then vicar, called upon John Barnett, then a farmer of divers lands in the manor of Wharton for the tithes thereof and commenced a suit against him for the same. It went to arbitration, Barnett lost and it was agreed that the £11. 10. should be given to the poor of the parish. Excepting for this single instance no tithes or anything in respect thereof were ever paid for Wharton Hall lands. Mr. Atkinson made no further claim neither did the Revs. Henry Rycroft, Alderson Hartley or William Fawcett who respectively succeeded to the vicarage.
However the Rev. Henry Chaytor filed a Bill in the Court of Chancery against Sir James Lowther and his tenants of Wharton Hall, claiming to be entitled to tithes from the demesne lands. Throughout the trial it was argued that although the deed of Edward vi granting the rectory and advowson of the vicarage to Sir Richard Musgrave spoke in general terms of "glebe lands, tithes of hay and corn and all other tithes and oblations whatsoever" yet no greater right could pass by it than that to which the Crown was entitled, viz.:—tithes of corn alone, i.e. the tithes of corn in K. Stephen valued at £12, in Hartley and Soulby at £12. 6. 8., in Wharton, Nateby and Smardale at £22. Caley, MS. Feudal Hist of Westmorland.
John de Bowes, vicar of the church of Kirkby Stephen, made his will on the morrow of the Feast of the Beheading of St. John the Baptist, 30 August, 1362. He left several bequests including one to John, vicar of the church of Brough. Testa. Karl., 67. After his death, Peter de Morland was presented but he retired in favour of John de Danby, vicar of Burneston, who, on 21 May, 1363, was presented by the abbot and convent of St. Mary's. Peter de Morland, however, was instituted in 1376. Reg. of the Archdeaconry of Richmond.
Nicholas de Preston was perpetual vicar of Kirkby Stephen. He was a bachelor of Common Law and, being of noble birth, had dispensation to hold for life one other benefice, viz. at Kendal. In the following year he had indult for a portable altar. Cal. Papal Regist., vol. vii, pp. 216, 224, 325.
Final Concord between Thomas de Bampton, chaplain, and Robert del Banc, petitioners; and Robert de Lowther, knt. and Margaret his wife, deforciants, about 10 messuages, 80 acres of land, 70 acres of meadow and 6 acres of woodland with their belongings in the vill of Soulby. Robert and Margaret owned the tenements to be the right of Thomas as those which the same Thomas and Robert del Banc had by gift of the said Robert and Margaret, and quit-claimed. For this remission, agreement and concord Thomas and Robert del Banc granted to Robert and Margaret the aforesaid tenements to be had and held by the same for their whole lives, and after the decease of them the said tenements shall remain to Geoffrey son of Robert and Margaret for his life, and then in turn to his brothers Thomas, John and Robert for their lives, or after their deaths shall remain to the right heirs of Margaret produced of her body, free from claims about waste, of the chief lords of the fee by the service belonging thereto.
There being for the last year past a vacancy in the vicarage some 279 inhabitants signed a petition in September, 1646, to the patron, Philip, lord Wharton, showing that they were troubled by not having as yet a sufficient minister that is able to give satisfaction in their doubts or to administer the Sacraments, and praying that he would appoint one Anthony Shaw. Nothing, however, came of it until the year 1648, when Francis Higginson was instituted on 27 October. He was ejected by the Uniformity Act when Joshua Stopford was instituted on 5 October, 1663, but Stopford could not have remained more than a few months as in December Higginson conformed and was restored to the living, in which he remained until his death in 1673.
That the right of presentation to the church is in Philip Lord Wharton. That Mr. Francis Higginson is present incumbent and hath for his maintenance the tithes of wool and lamb and other vicarage tithes which are worth £64 by the year and that the glebe of K. Stephen in the possession of Mr. Higginson is worth £16 by the year. That the town of K. Stephen is a Market Town.
It was this Higginson who wrote in a pamphlet, dated 1653, "The last summer there came or rather crept unawares into the county of Westmorland, George Fox, James Nailer, one Spoden and one Thornton, all of them Satan's Seeds-men."
The greater part of the church, including the chancel and the chantry belonging to Wharton Hall, was rebuilt between the years 1847 and 1851; under the direction of Mr. Carpenter, the architect. Notwithstanding, within twenty years viz. on 2 May, 1870, was commenced the great restoration under Austin and Johnson of Newcastle-upon-Tyne. The work cost £7377.
The Commonwealth Survey of 1656 says, "That there is one Chapel in the said parish called Mallerstang Chapel and is distant southwardly from the parish church four miles at the least. And that there is about six pounds in the year given by the inhabitants there towards the maintenance of a reader and a schoolmaster." Nothing is said about the maintenance of the fabric, but seven years later the Lady Anne Clifford spent £46. 15. 6d., upon its repair. "This chapple of Mallerstang, after itt had layne runeous and decayed some 50 or 60 years was newe repayred by the lady Anne Clifford Countesse Dowager of Pembroke Dorsett and Montgomery in the year 1663; who allsoe endowed the same with lands which she purchased in Cautley near Sedbergh, to the yearly value of eleaven pounds for ever."
She appointed the Rev. Rowland Wright to be the first incumbent under the new endowment, he having been at the chapel for three or four years before, and ordered that he should read "prayers and the Homillies of the Church of England" and educate the children of the dale on the Sunday afternoon in the chapel in the first beginnings of reading and writing. On 17 July, 1673, Robert Moore, minister of Mallerstang, took the oaths of Allegiance and Supremacy and also declared against the doctrine of Transubstantiation. In 1705 Christopher Powley was licenced as curate and schoolmaster. On 19 November, 1707, Bishop Nicolson notes, "Mr. Rowlandson, pretended reader and schoolmaster of Mallerstang, with several extraordinary Addresses for a licence, but wanting Mr. Atkinson's (vicar of K. Stephen) recommendation, he was sent back." Other curates have been:—John Potter in 1707, William Langhorn in 1713, Jeffery Bowness in 1756, John Bird, William Bird in 1814, John Fawcett, and Robert Robinson in 1844.
This Chapel of ease was built by Sir Philip Musgrave in 1663 and was consecrated on St. Luke's Day by Richard Sterne, Bishop of Carlisle. It was agreed that the inhabitants, in token of their subjection to the mother church, should attend service at K. Stephen at least three times a year; that Sir Philip, his heirs and assigns should repair the chapel from time to time and should have power to nominate and maintain a Minister to be approved and licenced by the bishop. Saving that if divine service be not held or the chapel continue void for six months, the bishop should have the power. On 11 April, 1834, the Rev. Stephen Hutchinson, perpetual curate, took the oaths of Allegiance and Supremacy and declared against the doctrine of Transubstantiation. The building was restored in 1774 and again in 1873. The ecclesiastical parish was formed on 15 May, 1874, and a new cemetery enclosed in 1914.
K. Stephen School.
This school was founded by Thomas lord Wharton receiving letters patent from Queen Elizabeth, on 9 November, 1566. He endowed it with the Rectory house and an annual rent of £20. The following instructions are interesting: "The parsonage house on the east side of the church-yard to be for a schoolmaster, also he is to have £12 as his hire and wages. He shall read to the scholars no corrupt or reprobate book or works set forth at any time contrary to the determination of the universal Catholic Church. Every morning and evening, at 6 o'clock, they shall go to the church and repair to the chapel or quire where I have made or set a tomb, and there sing (one of 15 appointed psalms). He shall read to them the Ten Commandments in Latin, and Cato, Virgil (and several other appointed authors). One of the poorest born in K. Stephen to be usher with 26s. 8d. yearly. Two scholars to be sent to Oxford or Cambridge with £3. 6. 8. each year for seven years. Payments to be made out of the tithes of the tithe sheaves and corn of the town fields of K. Stephen and Winton."
There was a further endowment made by Sir Thomas Wharton about the year 1672, who gave £100 to be laid out in the purchase of a rent-charge of £6 a year; stipulating that a schoolmaster and a free grammar school be kept in the parsonage house, for scholars to be brought up in virtue and learning and without payment for their learning.
The sum of £20 is understood to have been given for educating poor people's children of this township. The returns for 1786 mention — Clayton as the donor. This money was laid out in the purchase of a house and small parcel of ground, somewhat less than an acre at Nateby. The income provides for six or seven children to be taught reading, writing, knitting and sewing.
By indenture dated 30 January, 1768, the Rev. Lancelot Bell granted to certain feoffees a yearly rent of 30s. issuing out of a close called Flatts, of some 3½ acres in Waitby, and also out of two cattlegates or cattle pastures in Waitby Intack, to be paid at the chapel of Soulby for the use of a schoolmaster in Soulby who should duly teach three poor boys of Soulby. A further annual sum of 30s. derived from Thomas Wilson's charity, is also paid to the schoolmaster for teaching three other poor boys.
This free school was founded before the year 1689 when Thomas Waller endowed it with the interest of £125. In 1727 Miles Monkhouse gave £5; and in 1744 George Petty gave £20 for the benefit of the school.
Waitby and Smardale School.
The school house was erected at Waitby Dykes in 1680 by James Highmoor, a native of Waitby and cloth-worker in London, as appears by an inscription over the porch window. He also endowed it with £100 to be laid out in a rent charge; and further by his will dated 23 July, 1684, he gave £300 to be laid out in the purchase of lands, £7 of the yearly profit to be employed for the benefit of the school, £5. 4. for the poor, and £6. 13. 4. for a preacher to preach a lecture sermon in K. Stephen church, on the first Monday in April and on each succeeding Monday for nineteen weeks, in every year.
From 1820 to 1860 Thomas Brunskill was the master. He was succeeded by William Waistell who had the school rebuilt by subscription in 1867 and who remained here as master till 1890. From 1907 to 1913 the school was closed.
This school house was erected in 1659 chiefly by the munificence of the Rev. William Morland who was ejected from the rectory of Greystoke by the Parliamentary Commissioners. It was endowed in 1681 with five acres of land in Kaber left by Robert Waller. Richard Monkhouse by will dated 11 August, 1722, further endowed it with £100 and a grant of £10 for the repair of the building, on condition that the nomination of the schoolmaster should be vested in his family.
On the attainder of Roger de Clifford for adhering to the faction of the earl of Lancaster, this Hall was granted by Edward 11 to Sir Andrew de Harcla, and during his ownership was subjected to frequent destruction by the Scots. On the attainder of Sir Andrew the Hall and estate passed to Ralph Nevil, who subsequently sold them to Sir Thomas de Musgrave.
Sir Thomas built his stone tower and received a licence to crenellate it on 4 October, 1353. Sir Richard de Musgrave (died 1615), enlarged it by the addition of Elizabethan wings and transformed the fortress into a mansion. Sir Philip Musgrave repaired and furnished the ancient chapel as also such rooms as had been left unfinished at the time of the Civil War. When about the year 1677 the Musgrave family removed to Eden Hall the castle was deserted and allowed to fall into ruin. It was totally demolished by Sir Christopher Musgrave who died in 1735.
From a petition dated 1404, we gather that Roland son of William de Thornburgh, at the instigation of Thomas de Warcop of Lambersete, Deputy-sheriff of Westmorland from November, 1403 to October, 1406, took away forcibly Margaret one of the daughters and heirs of Robert de Sandford, aged nine, had her in restraint and married her to Thomas Warcop, aged eighteen, son of the said sheriff of Lambersete.
The following mandate is dated 28 April, 2 Edward v, 1462. "Richard Erle of Warrewyk and Salisbury grete chamberlain of England and Capitain of Calais to Thomas Warcop of Lambreset our Receivour within the Counte of Westmorland. We woll and charge you that out of the Revenuz of your office ye content and paie yerely unto our wellbiloved Thomas Sandforth squire the some of fyve marc sterling during his life according to the tenour of an endenture of bileiving bitwyx us and hym."
The building is now a complete ruin but sufficient remains to show that the tower measured 45 by 37½ feet with walls 5 feet in thickness; that the first hall was narrow and attached to the north face of the tower where the roof weathering is visible; also that the second hall was wider, the dimensions being marked by foundation mounds.
An interesting building with its corner turrets that has gradually arisen upon the site of an earlier one. In 4 John, 1203, William son of Robert de Sandford had a final concord with Nigel de Smerdale and Eva his wife concerning three carucates of land in Smerdale, i.e. the whole township. They acknowledged his right whereupon William granted the land back again to Nigel and Eva, except half a carucate and six acres, to hold of him. In 1388 Thomas son of John Warcop held Smerdale of the right of Katherine his wife who was the daughter of Robert de Sandford. From this time the Warcop family held the tower until their heiress, Frances, married Sir John Dalston, soon after 1580. When Sir George Dalston settled here in 1761 he altered and enlarged the building very considerably.
The tower and hall were erected about the time that Richard Wharton sat in Parliament, c. 1415-1418. The Banqueting Hall, 68 by 27 feet, and the great kitchen, 43 by 24 feet, were built by Thomas lord Wharton when Warden of the Western March, c. 1540. Unfortunately this superb hall has now become a complete ruin. On 14 August, 1555, lord Wharton wrote to Francis Talbot, 5th earl of Shrewsbury, "I am sorry that my house at Wharton is not in readiness for your lordship's lodgings. I beseech your lordship to take some sport of my little ground there. My lady may shoot her cross-bow, and your lordship may see coursing with your greyhounds."
The Gatehouse over which lord Wharton erected his coat of arms bears the date of 1559, when also he erected the west wing, once open to the roof and comprising a Long Gallery and Chapel. The profligate Philip, duke Wharton, being attainted of high treason, the Hall was confiscated and sold to Robert Lowther in 1728, when it fell into disuse until the western wing was re-edified and converted into a farm dwelling about the year 1785.
Duckintree, over Kaber Rigg Sike, between Kaber and Barras.
On 3 August, 1867, it was reported to Quarter Sessions that this bridge had been washed down lately by heavy floods, and that as no one appeared to be liable for the repair thereof, it having been built before the year 1800, it had become a charge upon the county.
Eastfield, betwen K. Stephen and Winton.
On 18 February, 1815, after the building of Bland's Wath Bridge by subscription, there being a balance of £32. 11. left over, this sum was voted towards the cost of building a bridge to be erected over Eastfield Wath. Unfortunately it was broken down completely during the great flood of 2 February, 1822, but, owing to so many of the bridges having to be rebuilt all at once, this one was left over till 21 December when George Bispham's tender for £350 was accepted.
Ellerbeck in Mallerstang High End.
Hell-Gill on the old highway where it crosses the boundary into Yorkshire.
The river Eden near its source on Abbotside Common flows down through a narrow ravine, only a few yards wide and about 30 feet deep. In 1676 the sum of £3. 10. was ordered to be paid for the repair of the bridge. One half of the bridge appears upon the list of public County Bridges made in the year 1825.
K. Stephen New Bridge.
On 18 July, 1649, at the Assizes held at Appleby, sixteen bridges were presented as in decay after the Civil War, Newbridge being one of them, when it was ordered that 4S. in the pound be assessed and levied upon the whole County for the repair of the same. The bridge appears upon the list of public bridges made on 28 April, 1679. It is decribed as a "Stone" bridge in January, 1744/5. Its single arch is almost pointed in shape with an overall width of about 20 feet.
This bridge appears upon the list of public bridges made on 28 April, 1679. On 3 October, 1757, Quarter Sessions ordered the High Constables to pay John Wharton the sum of £1. 1. 6. for the repair of Mallerstang Bridge, it being one of the public bridges belonging to the county. On 14 May, 1803, it was ordered that an addition of 6 feet should be made on the high side of Mallerstang Bridge and that the High Constable of the East Ward do advertise the same to be let in public. On 3 October following the contractors were bound in the sum of £70 to perform the work to entire satisfaction and to maintain the said addition for seven years.
Oxenthwaite formerly Buckles Bridge over the Belah on the road betwen Kaber and Barras.
Sir Cuthbert Buckle, knt., vintner in London and who became Lord Mayor of London in 1593, built Buckles Bridge in 1576, he being born on Stainmore. On 30 April, 1738, the Sessions received a petition from the inhabitants of Kaber, stating that this bridge was a public bridge and that 300 feet at the west end of it was in bad repair. It is described as a "Stone" bridge on 14 January, 1744/5. On 7 April, 1777, it was ordered that the High Constable of the East Ward should apply to the Commissioners of the Turnpike Road over Stainmore for their assistance towards the cost of rebuilding Buckles or otherwise Oxenthwaite Bridge. On 5 March, 1891, it was reported that this bridge crosses the river Belah about midway between Kaber and Barras Railway Station. It is built of freestone and has a span of 30 feet and a rise of 7 feet; the arch being three centred the curve is only flat. The roadway over the same is 19 feet 3 inches between the parapets.
Pendragon Castle Bridge over the Eden.
The Lady Anne Clifford "built also the bridge over the river Eden nigh the castle." On 12 April, 1686, there was an order to repair this bridge. On 2 October, 1787, there was a presentment that Pendragon Castle Bridge was a public bridge belonging to the county and that it with 300 feet of the road at each end ought to be repaired at the expense of the county.
Podgill Foot-Bridge, on the road between Hartley and Naitby.
Whereas it appeared to the Court on 8 January, 1693/4 that there hath formerly and for many years been a footbridge at Pollgill Foot between Hartley and Naitby and that the same hath been repaired by both the said townships but now is fallen down to the great prejudice of all passengers, the Justices ordered that there be, with all speed, a new bridge erected at the same place and at the equal charge of both townships.
Popping Bridge, over Popping Beck between Brough Sowerby and Winton.
On 12 February, 1887, it was declared that Popping Bridge being a common and public building became repairable by the County in consequence of the Highways and Locomotives Amendment Act of 1878. It is a small bridge but will have to be rebuilt entirely at a cost of some £35.
Ringill Bridge in Nateby.
On 22 February, 1894 it was reported that the beck crossed the highway to the inconvenience of the public in wet weather. It was therefore resolved by the County Council to erect a bridge over the beck some 5 feet 6 inches wide at a cost not exceeding £45. The actual cost was £47.
Soulby Bridge, over the Scandale Beck between Soulby and Waitby.
This bridge appears upon the list of public bridges made on 28 April, 1679. On 16 July, 1745, the bridge was presented as being a public bridge and that it was in great decay together with 25 yards of the causey at the southern end and 70 yards at the northern end, and that it ought to be repaired at the expense of the county. On 30 March, 1818, Francis Webster was ordered to view Soulby Bridge and furnish his ideas for building a new bridge or for effectually repairing the present one. Then on 19 October following the inhabitants petitioned that the bridge should not be moved to a fresh site as suggested but rebuilt upon the old foundations. Whereupon the Justices ordered that the consideration of a new site be adjourned. What the ultimate decision was is not clear but on 21 November, the Bridge Master of the East Ward was ordered to contract for the building.
Southwaite Bridge, north of Pendragon Castle.
Stenskrith Bridge, over the Eden betwen K. Stephen and Nateby.
On 14 January, 1750/51, Quarter Sessions ordered the High Constables to view this bridge and the 300 feet at the northern end thereof and report upon its condition. On 9 January, 1775, the High Constables were ordered to pay for the rebuilding of Stenskrith Bridge, the same having been completed satisfactorily. On 19 May, 1899, it was reported that the bridge is situate about 200 yards east of K. Stephen Railway Station and that the North Eastern Railway forbade the county Council to take a steam-roller over it; whereupon the Justices resolved that the Surveyor should ascertain the circumstances under which the old County bridge passed into the hands of the railway company and the history of its construction. On 21 February, 1902, owing to the inconvenience of not being able to get the steam-roller into Mallerstang by reason of the railway company's prohibition, it was recommended that if the Council took over the Ravenstonedale Station road the Company might be willing to strengthen Stenskrith Bridge for such traffic and withdraw their previous opposition. It is said that about 50 yards north of the bridge there is a fine echo and that the effect upon the ear as the sound is tossed from rock to rock is surprising.
William Scot of Nateby, riding a certain mare over the bridge of Girger, fell from the bridge into the water of the same and was drowned. Gilbert his son first found him and is not suspected nor any other person. Judgment, misfortune. The price of the mare is 3s. for which the sheriff answers. Assize Roll, 1256. This is a very early mention of a bridge and the pity is that the stream "Girger" cannot be identified.
Admission and institution of Thomas de Capella deacon, to the church of Kirkebystephan, on the presentation of the abbot and convent of the Blessed Mary of York. Reg. of Archbishop William Wickwane. On 7 February, 1302–3, the Bishop of Carlisle certified that Thomas de Capella, vicar of Kirkby Stephen, was excused and purged from the complaint of his non-residence with a proviso that he keep residence for the future. Halton Register. He resigned in 1304 in order to go to Arthuret, when on 6 June the abbot and convent of St. Mary's presented Thomas de Leycestre to the vicarage, the Bishop instituting him on 12 July, 1304. After the death of Leycestre the Bishop instituted on 9 March, 1318–9, Henry de Rillington on the presentation of the abbot and convent, to whom an annual pension was reserved. Rillington could have lived only a few months for after his death, namely on 14 December, 1319, the Bishop instituted John de Botel.
Inquisition taken after the death of William de Soulby, at Appleby on Friday in vigil of the Purification of the Blessed Mary the Virgin, 20 Edward 1, before Thomas de Normanvill the king's escheator beyond Trent. The jurors say on oath that the said William held no land of the king in chief the day he died, but held of the Lady Isabel de Clifford 117 acres of land in Kirkby Stephen, worth yearly 117 shillings and he had the said land in exchange for land in Appleby which he held of the said Lady worth yearly 117 shillings. The said Lady held that land before the exchange and now holds the said land of Appleby of the king in chief by knight service and William holds it of the said Isabel by the service of a rose. The said Lady had no land except her castle of Appleby and that land lies for the great easement of her castle. The exchange was made on Sunday before the Conversion of St. Paul, 16 Edw.1.
Peter de Morland, vicar of the church of Kirkebistephan appeared against Henry de Sandeford, parson of the church of Crosbigerard in a plea that he render unto him 50s. which is in arrears of a rent of 5s. Defendant did not come. Case adjourned until the octave of S. Hilary. De Banco Roll, 468, m. 2d
Nicholas Scot, by Adam Crosseby his attorney, appeared against Agnes who was the wife of Thomas del Garth of Winton, Simon del Garth of Appleby, John de Harclay and William de Whynfell in a plea that they render unto him £35 which they owe. De Banco Roll, 469, m. 223d.
Agnes who was the wife of Thomas del Garth of Wynton, co. Westmorland, executrix of the will of the said Thomas, by John Oxenthwayt her attorney, appeared against William de Gerstane of York, draper, and Richard de Gerstane of Beverley in a plea that they render unto her £50 which they owe. De Banco Rolls, 470, m. 63d.; 472, m. 381d.
Thomas son of John de Warcoppe appeared against Richard Hugill and Robert Hudson in a plea wherefore they, together with Katherine de Halton and Thomas her son cut down and carried away his trees and underwood lately growing at Smerdale worth 20 marks. De Banco Rolls,470,m.21d.
Peter de Morland, vicar of the church of Kyrkebystephan, by William Soulby his attorney, appeared against Richard Waller of Croseby in a plea that he render unto him cattle worth 40s. which he unjustly detains. De Banco Roll, 471, m. 222d.
Katherine de Halton appeared against Alice Bates in a plea that whereas the said Alice undertook well and competently to weave four stone of woollen yarn for the said Katherine at Kirkeby Stephan, the said Alice so negligently and incompetently wove the said yarn to the damage to the said Katherine of ten marks. De Banco Roll, 471, m. 351d.
Mary who was the wife of John de Warcoppe of Quorton (Wharton), Thomas son of the said John and Henry Henryson executors of the will of John de Warcoppe against John de Aldburgh citizen and merchant of York in a plea that he render unto them £20; and against John de Escryk citizen and merchant of York that he render unto them £—, which they owe. De Banco Roll, 472, m.422d.
John Jue against Thomas Cokson and Alice his daughter in a plea wherefore with force and arms they broke into the close of the said John at Kirkebistephan and his men and servants there they assaulted, beat, wounded and ill-treated whereby the said John for a great time lost the service of his servants. De Banco Roll, 473, m. 12d.
Thomas son of William de Soulby, by Adam Crosseby his attorney seeks against Agnes who was the wife of Thomas del Garth one messuage and seven acres of land and one acre of meadow with appurtenances in Wynton as of right. He further seeks against the same Agnes two messuages, 25 acres of land and 3 acres of meadow in Wynton as of right. And the aforesaid Agnes, by William Soulby her attorney, comes and calls to warrant John de Merton vicar of the church of Burgh under Staynmore and William del Hall of Penereth, chaplains, that they may be here from St. Michaelmas day. And the said John is summoned in the same county and the said William in the county of Cumberland. De Banco Roll, 474, m. 167d.
Roger de Clifford, knt., against Adam de Fauxsyd, John le Milner and Richard son of Richard Wilkynson of Sedbergh, co. York, in a plea wherefore with force and arms they entered into the free chase belonging to the said Roger at Mallerstang without licence and took and carried away his deer and cattle. De Banco Rolls, 475, m.65d.; 476, m. 33; 476, m.421d.
Peter de Morland vicar of the church of Kyrkebistephan against Gregory Fayne and twenty-four others in a plea wherefore with force and arms the corn and herbage of the said Peter, worth forty marks, lately growing at Kirkebistephan and Rokeby with certain beasts was trodden down and consumed. De Banco Roll, 475, m. 288d.
Peter de Morland, vicar of the church of Kyrkebistephan against Peter de Shakelthorp in a plea wherefore with force and arms he and others broke into the house and close of the said Peter de Morland at Kyrkeby and his corn and herbage worth £10 lately growing there with certain beasts trod down and consumed. De Banco Roll, 476, m. 107.
In the former suit of Agnes who was the wife of Thomas del Garth of Wynton and executrix of his will against Richard de Gerstane of Beverley for debt, the sheriff was commanded that he should not omit on account of any liberty in his county to take the aforesaid Richard, outlawed in the county of Westmorland from the Feast of the Ascension the 2nd year of the present king, so that he have his body here by this Michaelmas, the sheriff now reports that he has him not here as commanded, therefore the sheriff by name Robert de Nevil is in mercy and fined 40s. and commanded to have his body here at the Hilary term. De Banco Roll, 476, m. 148d.
In a former suit Adam de Fauxsyd, John le Milner, Richard son of Richard Wilkynson of Sedbergh were attached to answer Roger de Clifford, knt., wherefore with force and arms they entered the chase of the said Roger at Mallerstang without licence and took and carried away his deer and cattle. Whereupon the said Roger, by Thomas Dannay his attorney, complained that the said Adam, John and Richard on Monday next after the Feast of St. Peter Advuncula, 1 Richard 11, with force and arms, to wit with swords, bows and arrows broke into the said chaise and hunted and took and carried away twelve stags, twelve deer, twenty bucks, and twenty does and therefore claimed damage at £20 and produced suit.
And the said Adam, John and Richard, by William Dent their attorney, came and defended the force and injury and said that they were not guilty of the trespass as the said Roger complained and they put themselves upon the country and Roger likewise. The sheriff was commanded to summon a jury and after many adjournments the case came up before Roger de Fulthorpe and William Thirnyng at Appilby on Saturday in the second week of Lent, when the defendants challenged the jury because it was empanelled by William de Warthecop, under sheriff of the complainant who is hereditary sheriff. Upon this ground the jury was dismissed and the coroners of the county were commanded to summon a fresh jury for an adjourned day. De Banco Roll, 477, m. 489d.
Thomas de Sandford by his attorney appeared against John Page of Waitby and many others that they with violence cut down and carried away his trees growing at Waitby to the damage of 100s. De Banco Roll, 479, m. 251.
Peter de Morland, vicar, by William de Soulby his attorney, against Elizabeth who was the wife of John del Chambre, Robert de Morley, chaplain, and William de Redmershale, executors of the will of the said John del Chambre of Newcastle upon Tyne, in a plea that they owe him £40. De Banco Roll, 479, m. 381.
Peter de Morland, vicar, by William de Soulby, his attorney, against William Fauxhed in a plea of rendering him his account while bailiff of Hegelstale and Kirkby Stephen and receiver of his money. ibid., m. 381.
Roger de Fulthorp appeared against Thomas son of William Shepherd of Sowerby, and Hugh his brother, in a plea that they broke into his close at Kaber, and took his goods and chattels to the value of £10 and assaulted and wounded his servant James so that Roger was long without his service. De Banco Roll, 479, m. 285.
Kyrkeby Stephan cum Mallerstang paid a fifteenth as a subsidy to the king, amounting to 66s. 8d.; Cabergh, 13s. 4d.; Wynton, 46s. 8d.; Wharton, 20s.; Smerdalle, 10s.; Nateby, 20s.; Wateby, 15s.; Soulby, 50s.; Hartecla, 20s.; a total of £13. 1s. 8d. Excheq. Q.R. Miscell. Books, vol. 7.
When George, earl of Cumberland, was appointed to the position of Chief Champion for the Tilt Yard to Queen Elizabeth, he took upon himself the name of "The Knight of Pendragon Castle." What is said to be the actual suit of armour is now preserved in the hall of Appleby Castle.
Sir Philip Musgrave writing to Sec. Williamson says that Appleby, Brougham, Brough and Pendragon castles have lately been repaired by the Lady Anne, in the last of which lives Captain Branthwaite, who formerly served the Parliament. And he suggests that Mr. Secretary should write to her to be careful to put faithful keepers into them. "I cannot call them tenantable yet they are of that strength as, if an enemy shall seize upon any, it might be a trouble to recover it again."
What is known as 'The Kaber Rigg Plot' was but a small portion of a much larger one that started in the south of England but attained its greatest development at Farnley Wood in Yorkshire. It was a rising against the restoration of Charles II, but avowedly to urge the king to perform the promises he had made at Breda, and to grant liberty of conscience to all except Romanists. The Westmorland leader was one Robert Atkinson who had been a captain of horse in the Parliamentary Army. He lived in Mallerstang and gathered around him the disaffected.
In August, 1663, Sir Philip Musgrave sent word to Alan Bellingham and Daniel Fleming that he had received a letter written in haste, stating that the king had knowledge" of a fanatical design in hand of which the scene will first appear in the northern parts; he desires me to have a special care to prevent and punish unlawful meetings and to secure dangerous persons."
Captain Atkinson had but a small following when he left his home on 12 October. Coming to Smardale Bridge he was met by a few others, or some dozen in all and when he arrived at Birka near Duckintree there were some thirty or more in the party. So being disappointed with the smallness of his force he disbanded it at once. Thus ended the Kaber Rigg Rebellion which began and ended in the one evening. Atkinson and two or three other leaders were executed at Appleby for high treason. Lady Anne Clifford's diary describes it thus:—
"The 20th day of this August, 1664, did the two Judges of Assize for this northern circuit come hither (Appleby Castle) to keep the Assizes here, where Robert Atkinson, one of my tenants in Mallerstang, that had been my great enemy, was condemned to be hanged, drawn and quartered as a traitor to the king, for having had a hand in the late plot and conspiracy, so he was executed accordingly the first day of the month following."
The Government seized the opportunity given by this abortive rebellion of striking terror into the hearts of the Independents and Quakers. Daniel Fleming opined that "if mischief arises now, it will be from non-licenced ministers or from Quakers, of whom there are too many in the part of the county joining to Lancashire, where George Fox and most of his cubs have been long kennelled."
At this Sessions of the Peace eight men were brought before the Justices for killing one deer within the Forest of Mallerstang belonging to the Rt. Hon. Anne Countess of Pembroke, and they having confessed to the crime were convicted and sentenced to a fine of £20 each to be levied by distress.
1669–1672 Hearth Tax Roll
Contrary to the Act of 3 Charles 1 which provides that no carrier with any horse or horses, nor wagon-men with any wagon or wagons, nor car-men with any cart or carts, nor wain-man with any wain or wains, nor drovers with any cattle or sheep shall travel upon the Lord's Day commonly called Sunday under a penalty of 20s. for every such offence, Richard Shaw and Henry Whitfield of K. Stephen were presented to Quarter Sessions for driving sheep on that day.
Whereas the Court hath taken into consideration the great destruction of Game made by persons unqualified by Law so to do, and according to the Statute enacted in 22 Charles 11, it is ordered that the constables make diligent search, jointly or apart, in the houses, outhouses and other places of every person within his township, (not having lands and tenements or some other estate of inheritance in his own or his wife's right of the clear yearly value of £100 per annum, or for a term of life or having a lease of 99 years or longer of the value of £150, other than the son and heir apparent of an Esquire and of owners and keepers of Forests, Parks, Chases and Warrens) who upon good grounds shall be suspected to have and keep in his or their custody any guns, greyhounds or other dogs to kill hares or conies, as also ferrets, nets or engins for catching game, and to take the same guns and break them and hang the dogs.
Forasmuch as all profane swearing and cursing is forbidden by the Word of God and that according to the Act of 21 James 1 if any person shall at anytime offend therein and shall be convicted by the oaths of two witnesses that then every such offender shall for every time of offending forfeit and pay to the use of the poor of that parish where the same offence was committed, and forasmuch as Richard Waller of Mallerstang has been convicted for a profane oath and curse he do pay to such use a fine of four shillings. The Act of James 1 and the subsequent Acts of 6 and 7 William 111 were repealed when a new Act of 1746 was passed. In this it was enacted that a day labourer, soldier, sailor or seaman was to pay 1s. for every offence; every person under the degree of a gentleman 2s.; and every other person of or above the degree of a gentleman 5s. for the first offence. The fine was to be doubled for the second offence or trebled for the third and so on. Offenders not paying the penalty were to be sent to the House of Correction and kept at hard labour for ten days or placed in the stocks. Any constable omitting to do his duty in this was to forfeit 40s. or be sent to the House of Correction for one month and put to hard labour.
Robert Brunskill of Kayber, yeo. was indicted for obstructing an ancient road for riding or walking, from Kayber across the said Robert's close to other closes belonging to the inhabitants of Kayber, by erecting a hedge or dike in the said Robert's close called Howgill Jugg.
Presentment that in a certain place in the king's highway from Bealey Bridge to the stone bridge over the river Eden called New Bridge, leading between the market towns of Kirkby Stepen and Barnard Castle is dirty, founderous and in decay and that the inhabitants of Kirkby Stephen ought to repair the same. Also that the King's highway between a stone bridge over the river Bealey called Buckles Bridge to the town head of Winton, leading between the market town of Kirkby Stephen and Barnard Castle, is likewise dirty, founderous and in great decay for want of reparation and that the inhabitants of Kaber and Winton ought to repair the same as often as occasion should require. Also that the King's highway from Christian Head to Smardale Beck, near Crosby mill, leading from Kirkby Stephen to Crosby Garrett is in similar decay and that the inhabitants of Kirkby Stephen, Waitby, Smardale and Soulby ought to repair it.
Presentment that John Birkbeck and others of Hartley did by hushing for lead ore in a place called Harnagill in the parish of K. Stephen in such manner poison and pollute the streams of water in Hartley Town Beck and Eden that the said streams became unwholesome and corrupt so that those who had lands adjoining to the streams and cattle were hurt and greatly damaged thereby. On 7 April, 1755, John Longstaff was indicted for the same offence and fined one shilling.
Presentment that Thomas Strong in the common street or King's highway in K. Stephen did unlawfully and injuriously put place or lay 20 cart loads of dirt and other filth, which from 21 March till this time he did permit and suffer to remain there by reason whereof the common street during the time and yet is greatly straitened and obstructed to the common nuisance and damage.
Presentment that from time whereof the memory of man is not to the contrary there was and yet is a certain antient watering place for cattle at a certain rivulet called Howgill Sike in a certain common field called Longlands in the township of Kaber and that John Brunskill of Kaber had erected a hedge across the same whereby the said watering place was totally obstructed so that horses and cattle could not use the same. See under date 1710.
Sarah Shaw of K. Stephen, being found guilty of stealing three shifts, one checked apron and three linen caps, of the value of 11d. was ordered to be taken through the market of Appleby on the next market day tied to the tail of a cart with a label on her back with the words in large characters, "Excused greater Punishment on account of her Pregnancy" and then to be discharged.
For the provision of soldiers to serve in the army, as required by the late Act, the Township of K. Stephen together with the parish of Crosby Garrett and the townships of Waitby, Soulby and Winton, having 207 inhabited houses had to provide four men, or pay a fine of £20 for each man missing from the quota.
Indenture made between Michael Emmett of Market Brough, Minister of the Gospel of the one part; and William Jenkins of Lambeth, Preacher of the Gospel, Walter Griffith of the City Road, London, Preacher of the Gospel, and William Myles of Sheffield, Preacher of the Gospel, on behalf of the Methodist Conference of the second part. Whereas by Indenture of 1 June, 1807, Thomas Whitehead of Kirkby Stephen sold to the said Michael Emmett for £67, a newly erected house called Owens House, lately converted into a wool manufactory and warehouse, within the manor and parish of Kirkby Stephen, adjoining the premises of the late John Cowperthwaite and held of William earl of Lonsdale by 6d. rent, and to which Michael Emmett was admitted tenant on 18 March, 1808. For the purpose of converting the same into a Chapel for the use of the Wesleyan Methodists at Kirkby Stephen, now for the consideration of 6s. Michael Emmett conveys the same to those of the second part for service there and for the yearly Conference. No other doctrine but that of John Wesley to be preached there and the same preacher not to be sent there more than two years successively without the consent of the Methodist Society of Kirkby Stephen. Close Roll 8550, pt. 33.
The Cloisters to the parish church were built with money left by John Waller to serve the double purpose of sheltering those who went to the church on Sundays and those who went to the Market on Mondays. The market was founded by charter in 1351. Originally it was held on the Friday but by a subsequent Charter of 1606 the day was changed to the Monday.
Indenture made between John Fawcett of Sedbergh, gent., only brother and heir of James Fawcett late of Kirkby Stephen of the 1st part; John Sayer of Kirkby Stephen, shoemaker, and others of the 2nd part; and the Rev. John Rawson of Brough, Preacher of the Gospel, of the 3rd part. Whereas John Fawcett has contracted to sell to those of the 2nd part for £214 a messuage or dwelling house, a part to be converted into a Chapel for the use of Preachers of the Wesleyan Methodist Conference. Now this Indenture witnesses that the said John Fawcett does sell to them the dwelling house lately occupied by Marmaduke Wilson, surgeon, adjoining on the east the dwelling house known by the sign of the King s Head, for a Chapel of the said Methodists for public worship. Close Roll 9955, pt. 66.
Indenture made between Matthew Robinson, junior, of Kirkby Stephen of the one part, and Edward Spencer of Brough, blacksmith, and many others of the second part. Witnesses that in consideration of the sum of 5s. the said Matthew Robinson has sold to those of the second part; for the term of one year at a peppercorn rent all that piece of land upon which a dwelling house, stable and barn lately stood and upon which a Chapel is now being erected, with the garden behind, in Kirkby Stephen, formerly paying 1s. a year rent but now enfranchised by the earl of Thanet by Indenture bearing date 31 May last. The land adjoins the premises of Abraham Simpson on the east, the public street on the west, the dwelling house of the Rev. John Moss on the south, and the barn and premises of William Alderson on the north. On the following day another Indenture was made between the same parties, but also with Abel Dernaley of Appleby, Superintendant Preacher of the Circuit, of the third part. Witnessing that for £164 the said Matthew Robinson sells to the said parties the said land as mentioned above, to be used as ground for a Chapel for the Wesleyan Methodists and for no other purpose. Close Roll 12231, pt. 199.
On 25 October, 1843, an Indenture was made between the Rev. John Moss, of the one part, and Edward Spencer of Brough and the other Trustees of the second part. Whereas the Trustees are possessed of certain sums for the purchase of a cottage, garden and land in addition to the Chapel, now for £110 the said Rev. Moss has sold to them all that cottage or dwelling house with the garden and garth behind the same, adjoining the dwelling house and garden of Mrs. Ann Bradley on the south and the Methodist Chapel on the north. Formerly held in customary tenure of the earl of Thanet by the yearly rent of 6d.; purchased by the said John Moss of Edmund Alderson. Close Roll 13046, pt. 46, n. 10.
During the great restoration of the church in 1847, after removing the altar tomb of Sir Richard de Musgrave so as to make room for a column to support the two arches separating the Hartley Chapel from the Chancel, William Close an architect-builder of K. Stephen discovered an interment below that of Sir Richard. Within were found sundry bones lying on or wrapt up in thin lead, which are supposed to be the remains of Sir Andrew de Harcla that his sister, Sarah, was able to gather together. See Trans. N.S. xxvi 307–311. The bones were again interred when the building operations permitted in 1849, within an old stone coffin that had been discovered in another part of the church.
The gallant Sir Andrew was beheaded and quartered in 1322, but his remains were not interred until after 1328 when the following Royal Mandate was issued to Anthony de Lucy and to the mayor and sheriffs of London, the mayor and bailiffs of Newcastle and Bristol and to the bailiffs of Shrewsbury. "The King to his beloved and faithful Anthony de Lucy, warden of Carlisle Castle, greeting. We command you that you cause to be delivered without delay the quarter of the body of Andrew de Harcla, which hangs by the command of the Lord Edward, late King of England, our father, upon the walls of the said castle, to our beloved Sarah formerly the wife of Robert de Leyburn, sister to the aforesaid Andrew, to whom we of our grace have granted that she may collect together the bones of the same Andrew and commit them to holy sepulture whenever she wishes or her attorney. And this you shall in no wise omit. Given at York, the 10th of August by the King himself.'
It was ordered by Quarter Sessions that the sum of £10 per annum should be paid to Matthew Thompson, esquire, for the premises at K. Stephen which were to be occupied by the County for the purposes of a Lock-up and Magistrates' Petty Sessions Room, and that the said premises should be taken for a lease of 21 years.
Indenture made between John Hilton of Mouthlock upon Stainmore, yeo. of the one part, and George Blades of Kirkby Stephen, clogger of the second part, and the said John Hilton and others of the third part. Whereas by Indenture dated 12 November, 1857, George Blades sold to the said John Hilton for £235 the premises described hereafter, now for the same sum John Hilton sells to those of the third part all that freehold messuage or dwelling house on the west side of the main street in the town of Kirkby Stephen, and the cottage immediately behind the same and the yard adjoining (excepting a small part to make a cartway) to have and to hold to them for the erection of a Chapel and School for the Primitive Methodists at Kirkby Stephen. Close Roll 16279, pt. 116, n. 13.
The Independents had a chapel up the New Inn Yard, purchased in 1810, and previously occupied by the Sandemanians and Baptists. There was a burial ground behind it. From 1857 to 1863 Ravenstonedale and Kirkby Stephen were worked together but when Mr. Callaway took over the pastorate of Kirkby Stephen this union was broken. He immediately set about building a new chapel on the main street. An indenture dated 27 April, 1864, made between Robert Hewetson of Kirkby Stephen, gent., of the one part, and Joseph Jackson of High Street, Shoreditch, London, upholsterer, William Darwent of Barnard Castle, Independent Minister and many others of the second part. Whereas those of the second part have certain sums of money in their possession for buying land suitable for the erection of a Chapel for the use of Protestant Dissenters of the Congregational Denomination, called Independents; now this Indenture witnesses that for £350 the said Robert Hewetson has sold to them the piece of ground with the warehouse standing thereon, built some time age upon the site of a dwelling house and blacksmith's shop, bounded on the east by the east by the public street in the town of Kirkby Stephen, on the west by other property of the said Heweston and John Armstrong and on the north by property belonging to Sarah Hewetson. Close Roll 16295, pt. 132, n. 21.