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. NINIAN, BROUGHAM
Including Whinfell Park, Hornby, Winderwath and Woodside.
Within the parish we have a Stone Circle on the south side of Leacet Wood one and a half mile west from Cliburn Station; the Roman fort of Brocavum and the later Norman Castle.
THE CASTLE AND MANOR.
The great road from Carlisle to York crossed the Eamont by a ford a little below the modern bridge, and here it was met by a branch road coming by way of Yanwath and by another from Low Borrow Bridge via. Crosby Ravensworth Fell. We can feel pretty certain that the same reason which induced the Romans to select the site, namely the necessity of guarding the ford at this important junction of the ways, led the Norman, many centuries later, to erect his castle here.
When the English king, in 1157, demanded that Malcolm of Scotland should relinquish the territory, he appears to have issued to those he placed in authority along the border, a royal order to erect castles of stone. Fantosme does not mention Brougham when in 1174, William, the Lion of Scotland, captured Appleby and Brough, but the castle must have been erected before the year 1189.
After Robert de Veteripont died from his wounds received in battle, 1264–5, fighting on behalf of the earl of Leicester and the barons against Henry 111, the king seized his vast possessions, but, on the intercession of Edward his son, he restored them to Robert's two heiresses—Isabella a girl of ten years and Idonea of six or seven years of age. The king, however, by reason of their youth, committed them to the custody of his two influential friends—Roger de Clifford of Clifford Castle in Herefordshire and Roger de Leyburn of the county of Kent. And with heiresses in their wardship, holding such vast possessions, it was only natural that marriages to their respective heirs would be arranged quickly.
In the meantime the two guardians endeavoured to come to an agreement as to the division of the estates between the two girls, an agreement that was confirmed when Roger de Clifford, the younger, married Isabella. They were to have the manor of Brougham; a moiety of the manors of Marton, Appleby, Winton and Brough; a moiety of the forests of Whinfell and Mallerstang; three parts of the manor of Meaburn Regis and a moiety of the profits of the Sheriffwick.
On the other hand Idonea was to have the castle of Brough; a moiety of the four manors as above; the manor of Kirkby Stephen; the castle of Mallerstang; a fourth part of the manor of Meaburn Regis, a moiety of the two forests as above; and a moiety of the profits of the Sheriffwick. That Idonea was to have the two castles of Brough and Mallerstang seems to imply that Isabella was to have the two castles of Appleby and Brougham.
Unfortunately both young husbands died within a year of one another, in 1282 and 1283, and the following is the Inquisition taken after the death of Roger de Clifford.
Inquisition taken at Appleby before the King's Escheator, Thomas de Normanvill, on Saturday after Hilary, 11 Edward 1, 1282, by John de Halton and others as jurors, as to what lands Roger de Clifford, junior, held of his proper heritage and what of the heritage of Isabella his wife.
They say that he held of the heritage of the said Isabella by the service of two knights:—
The manor of Brougham, worth yearly £15. 11. 7.
the moiety of the manor of Marton, worth yearly £13. 3. 5¼
the moiety of the manor of Appleby, worth yearly £27. 5. 3¼
three parts of the manor of Meaburn Regis, worth yearly £37. 14. 8¼
the moiety of the manor of Winton, worth yearly £24. 2. 3¼
the moiety of the manor of Brough with the herbage of Stainmoor, worth yearly £70. 13. 0;
the moiety of the forest of Quinfell as well in herbage as agistment, wood sold and other issues, worth yearly £23. 3. 3½
the moiety of the forest of Mallerstang worth yearly £22. 3. 9;
a service called cornage received as well from knights as other free tenants, worth yearly £13. 11. 4; rents from the same, worth yearly £2. 15. 7¾ and the shrievalty of the county worth yearly £3. 6. 8. A total of £253 10. 11¼.
His first born son Robert is his heir aged nine years at Easter.
Of the fees of knights and free tenants and advowsons of churches, which he held of the inheritance of Isabella, the jurors say nothing, for they have not been divided between her and her sister Idonea wife of Roger de Leyburn, the coheiress of Robert de Veteripont. Chanc. Inq. p. mortem, 11 Edw. I, file 35, n. 5.
His widow, Isabella, survived her husband about eight years, and sat personally in court and executed the office of Sheriff. She died however in 1291 at the age of 37 years. Idonea lived many years after and married a second husband but died without issue, so that the whole Veteripont inheritance became vested in the heirs of Isabella and Roger de Clifford.
Inquest taken after the death of Isabel de Clifford, one of the daughters and heirs of Robert de Veteripont, taken at Appleby on Friday after St. Barnabas the Apostle, 20 Edw. I, 1291, before the King's Escheator beyond the Trent, as to what the said Isabel held of the king in chief and what of others, in co. Westmorland the day that she died. The jurors say on oath that the said Isabel held the castle of Appleby with a moiety of the profits of the county of the king in chief, whose issues are not sufficient to sustain the castle, sheriff, his clerks, the constable, porter and other ministers of the same, also in the same vill of Appleby certain land worth yearly 117 shillings.
She held also the manor of Brougham in chief of the king, which manor in gardens is worth yearly 10s. but cannot sustain the said manor; and in demesne are 115 acres of arable land, worth 8d. per acre, 9 acres of arable land worth 6d. per acre, 60 acres of land worth 3d. per acre, 58 acres of meadow worth 2s. per acre; a water mill worth 10s. yearly; a close of which the herbage is worth 20s. the year; a part of the forest of Quinnefell worth yearly in all issues 20 marks, a certain part within the said forest is worth 60s. yearly; a certain meadow in Cumberland belongs to the said manor and is worth 4s. yearly, also a small pasture called Thornholme which is worth 10s. by the year. Sum total £29. 2. 10.
She held also the manor of Brough under Stainmore in chief of the king. There are there 134 acres and 3 roods of arable land worth 18d. the acre yearly, 5 acres of waste land worth 3d. the acre, 50 acres of meadow worth 12d. the acre, of William's Rydding 30s., 20 bovates of land rendering yearly £8. 2. 9., 11 cotters rendering for their messuages and gardens 23s., free tenants rendering yearly £19. 17. 0.; two mounds (torella) rendering yearly 9d.; in the lower Brough 25 free tenants rendering yearly 20s. 6d.; of tenants aforesaid for autumn works 10s. 6d.; of stallage 3s.; of the oven 20s.; there are three forges rendering yearly 3s. 9d.; three cotters render yearly 10s.; in perquisites of the court yearly 15s.; of the office of constable and his foresters £3. 6. 8.; a "Yarnest cesthouse" (wool assessment house) worth yearly 20s.; a certain herbage in Stainmore with agistment, worth yearly £5.; two closes worth yearly £8. 6. 8.; thirteen vacaries with a plot worth yearly £26. 3. 4.; sea-coal 3s. Sum total £101. 10. 10¾.
She also held in chief of the king the manor of Winton. There are there 140 acres of arable land rendering yearly £7.; 25½ acres of meadow worth yearly 47s.; 28 bovates of land rendering yearly £18. 6. 6.; 13 cotters rendering for their messuages and gardens £3. 9. 10.; for brewing 2s.; pannage and agistment of pigs 4s.; there are there five free tenants rendering yearly 6s. 4½d.; one water mill worth yearly £10. 13. 4., but the said Isabel enfeoffed her esquire Adam del Hake of 100s. rent from the said mill for life. Sum total £42. 10. 6½.
She also held in chief of the king the manor of Kirkby Stephen. There are in demesne 70 acres of arable land rendering yearly £3.; 2½ acres of meadow rendering yearly 5s.; six bovates of land worth yearly 46s.; cotters rendering yearly 13s. 4d. Sum total £6. 5. 3.
They say that all the said tenements are held of the king in chief by service of 2½ knight's fees. She held also the advowson of Warcop church worth £40 yearly, and the advowson of Brougham church worth £13. 6. 8. yearly. She held no land in the county except of the king. Robert de Clifford is her son and next heir and was aged 18 years at Easter last. Excheq. Inq. p. mortem, Series 1, file 1, n. 27.
The history of the castle is written elsewhere (see Trans. N.S., vol. xxii, pp. 143–157). The continuance of the Clifford holding was broken only for twenty-four years, from the attainder of 1461 to 1485, when Henry lord Clifford, "the shepherd" resumed his ancient proud position. During that time, namely on 6 February, 1461–2 Richard Musgrave, the younger, received a grant for life of the office of Constable of the king's castle of Burham, co. Westmorland, and surveyor of the castle and lordships with all the accustomed profits. On 27 May following, the grant was made to Richard Nevil, Earl of Warwick. (Cal. Pat. Rolls, 1461–67). Then on 11 July, 1471, there was a grant made to William and John Parr, knights, and the heirs male of their bodies, of the castles, manors and lordships of Pendragon, Brough, Appleby and Brougham; and again on 3 June, 1475, William Parr, who was going to cross the sea with the king on his voyage and service, received licence to grant the said castles and manors to George, archbishop of York and others. (Cal. Pat. Rolls, 1467–77).
The castle was restored by the Lady Anne Clifford in 1652 and finally dismantled in 1691.
ST. NINIANS CHURCH.
This church is now in a very remote part of the parish, far away from any houses, in the centre of a field. The dedication to a British Saint appears to indicate that it stands upon the site of a RomanoBritish foundation. But the first mention that we have of it is found in the "Antique Taxatio Ecclesiastica" of Pope Nicholas iv, made in 1291, where it is valued at £13. 6. 8. The "Novo Taxatio" of Pope Clement v, 1318, reduces the value to £2. The "Valor Ecclesiasticus" of 26 Henry VIII, 1535, gives:—
The Commonwealth Survey of 1657 gives the following:—
That the right of presentation to the church is in the Countess of Pembroke. That Mr. Symon Webster is incumbent there and hath for his maintenance the tithe of corn, hay, wool and lamb of the whole parish which is worth £35 by the year, and also the glebe land which is worth £13 by the year. That the profit of the Rectory was sequestered from Mr. Arthur Savage about the year 1649, since which time the Commissioners of Sequestration of this county or their agent have retained the mean profits until July 1656, at which time the said Mr. Symon Webster was inducted. And that there is a chapel within the said parish two miles distant westward of the said church and hath no maintenance belonging to the same.
The church was "repaired and new built frõ the ground or such ruins as threatened to lay it there," by the Lady Anne in 1660, and she records that it "would in all likelyhood have fallen downe, it was soe ruinous, if it had not bin now repaired by me." Fortunately the interior has not been restored materially since. Her initials and the date, 1660, are in relief plaster work at the east end. The date of the font is 1662 and that on the quaint poorbox is 1663.
There is a remarkable cup, presented to the church by James Bird after the rebuilding and it is possible that he received it from the Lady Anne, to whom he was steward. It is a fine piece of Nuremberg silver of the type known as the pine-apple cup, belonging to the early part of the 17th century.
A list of the Incumbents whose names have been met with during the present research.
CHAPEL OF ST. WILFRID.
This Chapel is situate close to Brougham Hall.
Somewhere about the year 1200 Gilbert de Burgham granted a moiety of the town of Brougham together with the advowson of the church to his feudal lord, Robert de Veteripont (Trans. N.S. 111, 356) who, it would appear, demolished the buildings and added the site to the Whinfell Park demesne. Whereupon in order to suit the altered centre of population, a chapel of ease was erected in the other moiety of the town (N. & B. i, 390). It was, however, a parish chapel and in no sense attached to the dwelling of the de Burgham family.
In order to understand how it came about that the Lady Anne Clifford restored the chapel in 1659 it will be necessary to follow the history of the manor. On the death of Robert de Veteripont in 1264 it was found that the manor was then divided between three coheiresses, viz.:—Christiana de Burgham, William de Crackanthorpe the husband of one sister and Henry Redding the husband of another. About the year 1430 John Bird of Penrith married Jane daughter and heiress of — Redding and so became possessed of one of the thirds. Thus we find in 1453 the manor held by John Burgham, John Crackanthorpe and John Bird; in 1505 by John Burgham, John Crackanthorpe and William Bird; in 1527 by Christopher Burgham, John Crackanthorpe and William Bird; in 1553 by Thomas Burgham, Margaret wife of William Crackanthorpe and the widow of Henry Bird; in 1563 Henry Brougham and Thomas Bird; and in 1586 Thomas Brougham and James Bird. This Thomas Brougham was the last in the male line of this branch and died in 1607. Whereupon his third share was sold to William Wright whose son sold it to James Browne who sold it together with the chapel to the Lady Anne Clifford whose grandson the Hon. John Tufton sold it in 1676 to James Bird. Having already obtained the Crackanthorpe third James Bird thus became possessed of the whole manor and removed to Brougham Hall. He or his son died without male issue when the manor was purchased in 1726 by John Brougham of Scales.
In 1393 Thomas Redding, lord of one third of the manor, granted certain lands to Edward Skelling the rector in consideration that he should administer the sacraments and provide "two searges afore St. Wilfrey at his own proper costs." (Trans. N.S. iii, 356).
The chapel was rebuilt by the Lady Anne Clifford in the year 1659. Her diary speaks of the event thus:—" This summer I caused the Chappell at Brougham to be pulled down and new built upp again larger and stronger than it was before at my own charge and it was wholly finished about the latter end of April in one thousand six hundred and fifty nyne." At the west end, high up, may be seen the shield of Clifford impaling Veteripont.
In 1703 Bishop Nicolson recorded " The school is taught by the curate at ye Chapple near Mr. Bird's, at a mile and half's distance from the church . . . This Chapple . . . is in a base condition in ye roof . . . Mr. Bird saies the Rector ought to repair it for that it was built for his ease, at his request to the Bishop, and on condition to that purpose . . . whilst the town of Brougham had a being, it was more convenient for the greatest part of the parish; but that village being now demolished and ye lands swallow'd by Mr. Bird's demesne . . . Mr. Bird himself and his family are chiefly accommodated by it."
Up to 1764 the chapel was the favoured place for marriages. It was restored between 1840 and 1850.
Attempts have been made to assign a very early date to this Hall, affirming that the gateway is of the early Norman period, and that it possessed a private chapel as early as 1393. But when in 1691 Thomas, lord Tufton, demolished Brougham castle in order to rebuild Appleby castle, James Bird was his steward and it is quite possible that he removed one of the gateways and rebuilt it up as the entrance to his own Hall. The chapel, as we have seen already, was the parish chapel of ease and not a private one.
When the Lady Anne was founding her Hospital at Appleby she endowed it with one-third of the manor of Brougham, which included a mansion house and lands round about it known as Brougham Hall, which she purchased from James Browne.
On the death of James Bird, or of his son William, the male issue ceased, and shortly after John Brougham of Scales in Cumberland was enabled to purchase back the whole manor and Hall of his ancestors. He entailed the estate upon his four nephews, viz.:— Henry Richmond and John, sons of his brother Peter, and John and Henry, sons of his brother Samuel. From the last named Henry the estate has descended.
In 1829 Lord Chancellor Brougham almost entirely rebuilt the Hall and it has undergone several modifications since.
This Hall was built about the year 1553 by Edward Birkbeck. In a small ceiling of ornamental plaster work over the porch is the date 1584, and Thomas Birkbeck erected some good oak panelling in 1602.
It is said to have been built by Roger the second lord Clifford, who died c. 1327, for, and named after, his "fair mistress." In the Lady Anne's time it was used as a kind of shooting-box, when the hall was wainscotted with oak and hung round with trophies of the field, antlers and stag's heads. Her diary makes frequent reference to it and it was considered one of the sights of the neighbourhood. When it was dismantled and mostly pulled down a small portion was converted into a farm house, and Hodgson in his History of Westmorland speaking of this part describes it as a small house hard by Whinfell Park. Even in his day, 1807, the foundations of the hall were said to be visible.
Brougham, over the Eden on the road between Penrith and Appleby.
The ford is mentioned in a grant of pontage for six months, made on 14 July, 1380, for the repair of the Lowther and Eamont bridges from things for sale passing over or under them or across the "Castelwath of Burgham." In 52 George III, 1811, an Act was obtained for continuing the main Turnpike Road direct through to Penrith instead of round by Lowther Bridge, and for the building of Brougham Bridge on the line of the same. It appears upon the list of public County bridges made in the year 1825. On 2 January, 1899, it was reported to be in a most dangerous condition, the cutwater of the western pier being washed away completely. Some £600 was spent upon the repair.
Thomas del Close, rector of Brougham, made his will on Saturday before the Feast of the Assumption of the Virgin, 15 August, 1362. It was proved at Rose five days later, John Bowes, vicar of Kirkby Stephen, being one of the executors. Testa. Karl., 65.
Sir Robert de Wolsely, who was instituted to Long Marton in 1362, requested in his will that his body might be interred in the church of St. Wilfrid de Burgham, and bequeathed 26s. 8d. to purchase a book for the said church. Trans., N.S. iii, 355.
Roger de Clifford, knt. by Thomas Dannay his attorney, appeared against Thomas Daweson and eighteen others in a plea wherefore with force and arms they broke into the said Roger's close at Whinfell and cut down his trees lately growing there worth £20. De Banco Roll, 469, m. 63d.
William de Horneby appeared against Robert de Clyburn in a plea wherefore with force and arms he broke into the house of the said William at Whinfell and took and carried away his goods and chattels found there worth £10, also two boxes of deeds and other muniments contained in the same boxes. The sheriff was ordered to attach him, therefore he is attached and is distrained upon his lands. De Banco Rolls, 473, m. 284d.
Thomas de Derby, rector of Brougham, made his will on 1 April, 1382, in which he desires to be buried in the church of "St. Wilfridi de Burgham." It was proved at Penrith before the Bishop, 14 June, 1382.
After the death of Maud, relict of the 9th lord Clifford, an inquisition post mortem finds that the castle of Brougham is worth nothing because it lieth waste by reason of the destruction by the Scots and that the whole profit of the demesne is not sufficient for the reparation and safe keeping of the castle.
Brougham paid a fifteenth as a subsidy to the king amounting to 30s., and Wyanderwath 13s. 4d. A total of £2. 3s. 4d. Escheq. Q.R. Miscell. Books, vol. 7.
Margaret, Countess of Cumberland, made her will on 27 April, 1616, in which she desires her "dear and noble sole daughter and heire" to respect, favour and countenance Cuthbert Bradley, parson of Brougham, that he sustain no wrong for having taken her side, seeing that he has many enemies for her sake.
1644 20 July.
Upon a petition to Prince Rupert from Sir John Lowther, showing that he hath a commission granted for the government of Browham Castle wherein he hath both bestowed cost and laid in some provision of corn and fireing at his own charge for preventing an enemy from possessing the same; yet so it is that Sir Philip Musgrave without any cause known hath set a sentry upon the castle and endeavoureth as it seemeth to possess himself thereof to the great disrepute and discouragement of your petitioner and the country thereabouts where his regiment is raised. Writing from K. Lonsdale Prince Rupert replied, "I think it most just that Sir John Lowther be continued in the custody of the castle according to his commission without any let or interruption from Sir Philip Musgrave or any other person and that convenient allowance be made for the support of the garrison in the said castle from time to time out of such estate as is belonging thereunto.
Sir Daniel Fleming says, "The castle received great damage in the time of the late Rebellion." And on 18 August, 1649, the Lady Anne arrived, finding it "verie ruinous and much out of repair. In which Castle and Parck I had not bene since the 9th of December, 1616, till this daie." In 1652 she records that the castle "had layne as itt were ruinous and desolated ever since King James his lying in it in 1617, till I made it lately habitable."
The Countess-pillar which stands by the Highway about a quarter of a mile from Brougham Castle towards Whinfell, is a monument of filial piety. The Lady Anne always remembered her parting scene with her beloved mother and when she came into Westmorland, among her other buildings she raised this pillar to record it.
"This pillar was erected in the year 1656, by Ann Countess Dowager of Pembroke, etc. For a memorial of her last parting in this place, with her good and pious mother, Margaret, Countess Dowager of Cumberland, on the 2d of April 1616: In Memory whereof she hath left an annuity of £4 to be distributed to the poor of the parish of Brougham, every 2d day of April for ever, upon the stone table placed hard by. Laus Deo."
The column stands 12 feet high, and has a large quadrangular capital with the faces set to the cardinal points. On the east, west and south are dials, whilst the above inscription is on the north side.
It is said that when Edward Balliol paid a vist to Brougham castle in 1333 he was entertained by a stag hunt which became famous. A hound called "Hercules" pursued a fine hart to the "borders of Scotland," which of course was much nearer in those days, and back again to Whinfell Park, where the hart giving its last desperate leap over a wall into the forest, cleared it and fell dead, while the hound failed to leap the wall and fell dead on the other side. The horns of the stag were nailed to a tree and in course of time became embedded deeply in the growing wood. The tree was known as the Hart's Horn Tree. In 1648 one of the horns was broken off by some of the Parliamentary soldiers and in 1658 the other horn was broken by some mischievous people. The Lady Anne records, "This summer by some few mischievous people secretly in the night was there broken off and taken downe from thatt tree near the Paile of Whinfeld Parke one of those old Hartes Hornes which was sett upp in the year 1333, att a generall huntinge when Edward Balliol . . . hunted a greatt Stagg which was killed nere the sayd Oake Tree. In memory whereof the Hornes were nayled upp in it, growing as it were naturally in the Tree and have remayned there ever since . . . This Tree, with the Hartes horne in it was a Thing of much note in these parts."
The Lady Anne tells us that she had lain in her castle of Brougham ever since the previous 14th of October. "In the chamber wherein my noble father was born and my blessed mother died." Then at about 11 o'clock on this 17 August, she relates how she passed through the various rooms, went down into the garden and from thence back into the court "where I took my Horse Litter, in which I rid by the Pillar that I erected in memory of my last parting there with my blessed mother, and so through part of Whinfeild Park" to Appleby.
1669–1672 Hearth Tax Roll
1669–1672 Hearth Tax Roll, Lay Subsidy 195, n. 73.
|Mr. Grasty, vicar||5|
|Mr. James Bird||4|
Thirteen householders were exempted by Certificate.
|Mr. Tho. Birkbeck||4|
1674 10 March.
John Nelson and his wife and Edmund Jackson and his wife were presented for not attending Divine Service nor receiving the Holy Communion and for refusing to have their infant children baptized by the parish minister and for refusing to send their children, apprentices and servants to be catechised. On the same day Bridget Nelson and Elizabeth Jackson were presented for refusing to make humble and public thanksgiving to God for their safe deliverance from child birth.
1696 1 August.
Rowland Borrow, rector of Brougham and Clifton, signed the anti-Jacobite "Association" formed throughout the Kingdom for the protection of William III.
1699 11 July.
Whereas Margaret Wolfe of Moorhouses in Brougham was found guilty of stealing half a peck of groats and half a penny, it is ordered that she be set in the stocks in Appleby on Saturday next betwixt eleven and twelve in the forenoon.
1701–2 9 January.
Mrs. Mary Dalston of Hornby Hall was buried in woolen only in the church of St. Wilfrid of Burgham.
Rowland Borrow, rector of Brougham and Clifton, died. He lived in a large house at Eamont Bridge, which, after serving as the "Poor House" for the West Ward, has been partitioned off into several tenements.
1775 11 July.
Henry Brougham took the oaths of Allegiance and Supremacy and the oath of Adjuration and made the Declaration against the doctrine of Transubstantiation and subscribed the same on becoming a Justice of the Peace.