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 EAST WARD.
THE PARISH OF ST. LAWRENCE, APPLEBY
To the antiquary the chief interest of the Castle lies in the enormous earthworks of the early motte and bailey fortress of the de Morvilles, and in the history attached thereto. The outer, middle and inner wards occupy the highest point of the bluff, precipitous to the east over the river Eden, but sloping down gently on the other sides to where the more modern town now lies. The stronghold is immediately cut off by a great moat 40 feet deep and 80 feet from crest to crest, while the town area lies within a great loop in the river and the Doomgate Syke. It is difficult to imagine a more defensible position. If it had been guarded whole heartily in 1174 William the Lion would not have gained possession, but, be it remembered, only 17 years previously Appleby formed a part of the Scottish Kingdom, that the Constable was a relation of Scottish kings and princes, and that the garrison were more likely to lean toward their own fellow countrymen of Strathclyde than to a southern and alien king by whom they were regarded as barbarians.
The ill-named "Caesar's Tower" would be erected on the site of the motte at, one must suppose, a late period. Its comparative insignificance, with walls only 6 feet as against 10 and 11 feet in thickness as at Brough, Brougham and Pendragon, together with its total lack of those contrivances usually associated with a Norman Keep, leads to this conclusion. Moreover, it is clear that the fortress had become subsidiary to Brough which kept the pass into Westmorland against the Scots advancing through Northumberland, and Brougham which kept the ford on the direct road from Carlisle.
Appleby was but a half-way link in the chain. Further it will be remembered that the town of Appleby had received a royal grant of Incorporation and, with the importance of its mayor and aldermen, it would be no place for a great feudal lord, with all his arrogated powers, to dwell in. No, Appleby castle was not the chief seat of the Veteriponts or of the early Cliffords, so that, with the great earthworks to defend it, a later inferior tower would be deemed sufficient for the garrison.
Thomas, lord Clifford, in 1454, rebuilt the domestic quarters, "the chiefest part of the castle towards the east, as the hall, the chapel and the great chamber which were then fallen into decay." Leyland, writing of Appleby in 1539 speaks of a "poor village having a ruinous castle wherein the prisoners be kept." Then during the "Rising of the North," November, 1567, the roofs were pulled down leaving "no one chamber habitable." The Lady Anne Clifford, in 1641 "fortified the castle for the King and putting as great a number of soldiers in it as it could contain, gave the government of it to Sir Philip Musgrave who held it out till after the battle of Marston Moor." It was captured by the Parliamentary forces under Lt.-Gen Ashton on 16 October, 1648, when it was dismantled. Again the indomitable Lady Anne restored it in 1651 and finally Thomas, 6th earl of Thanet, Anne's grandson, rebuilt the greater part with stones brought from Brougham and Brough castles in 1688.
THE ROYAL CHARTERS.
It is said that there is evidence of a Charter of Incorporation prior to the year 1179, for the earliest grant now in the possession of the Corporation, of that date, appears to grant privileges to an existing Corporation. The Charter of K. John, dated 26 March, 1200, like that of the 1179 one, grants and confirms all the liberties and privileges which the burgesses of York had, i.e. freedom from toll and stallage and pontage and lastage (fn. 1) throughout England except the City of London. The two next charters of 16 Henry III (1232) and 14 Edward I (1286) confirm that of King John. During the reign of Edward II the Borough appears to have fallen into the hands of the Crown for arrears of rent, but in the charter of 5 Edward III (1332) the town was regranted to the burgesses. The original Charter of Incorporation may have been destroyed when in 1388 the Scots burned the town. There is a further charter of 3 Charles I (1628) which confirms the aforesaid privileges. Then in I James II (1685) the Borough was for a second time Incorporated. On 25 March, 1885, all unreformed corporations were dissolved, after which her majesty Queen Victoria, being graciously pleased to accede to the prayer of the burgesses, granted a new charter on 20 July, 1885, extending to Appleby the provisions of the Municipal Corporation Acts.
Briefly the history of the church is that Ranulph de Meschines about 1088 granted it to Richard the abbot and to the convent of St. Mary at York with two parts of the tithes of all his demesne lands on both sides of the river Eden, which grant was confirmed by Henry 1. Afterwards it was confirmed by Athelwald, bishop of Carlisle, 1133–1155, and subsequently by Bishop Hugh, 1219–1223, under the following limitations:—
That the House of Wetherhal, a cell of St. Mary's, should possess the church to their own use saving nevertheless the pension usually paid thereout to the abbey of St. Mary who were to present fit persons to be vicars supported by six marks yearly from the revenues of the church. This usage continued till the year 1251 when Silvester de Everdon, bishop of Carlisle, 1246–1255, conceiving that six marks was a scanty allowance for the vicar made the following Taxation or re-endowment of the vicarage, viz.: that the vicars should have the whole Altarage with all the tithes of hay and mills, with the mansion house and other houses on the west side of the church, with the waste ground thereabout, with 20 acres of land and the whole common of pasture and of wood belonging to the said abbey. And also all the tithes of Hoff, viz.:—of Meal 10 skeps, of corn 5½ skeps and of malt 5 skeps. And forasmuch as 48 acres of land in the Field of Appleby had been given to the church for finding a chaplain to do service every day in the chapel of the castle and 37 acres in the Field of Hoff had been given to it for service to be done in the chapel of Hoff three days in every week, it shall be in the option of the abbot and convent whether they will keep (by the Prior of Wetherhal) these said lands with the burden aforesaid or assign them with the said burden to the vicar. And the vicars of St. Lawrence shall not pay in the future the 20s. pension which they had formerly paid to the vicar of St. Michael's. Caley, Feudal Hist. of Westmorland.
In the "Antique Taxatio Ecclesiastica" of Pope Nicholas IV, 1291, the church was valued at £15 and the vicarage at £10 yearly. The pension to the abbot of York at £1. 6. 8. By the "Novo Taxatio" of 1318 the value is reckoned at £4. See page 22. Nothing important seems to have intervened between this time and the General Ecclesiastical Survey made by order of Parliament in 26 Henry VIII, 1535, as follows:—
The House of Commons ordered Sir Thomas Widderington on 26 October, 1644, to bring in an Ordinance concerning religious and well-affected ministers to be sent into the counties of Cumberland and Westmorland; and on 23 April, 1645, authority was given by Parliament "for the maintenance of some preaching ministers . . . . out of the respective possessions of the Deans and Chapters of York, Durham and Carlisle."It was ordained that "one godly, able and learned divine shall be sent into the county of Westmorland where he shall reside and preach in the Town of Appleby and shall have the yearly maintenance of £150 out of the possessions of the Dean and Chapter of Carlisle, the first payment thereof to begin as from 29 September, 1644.
We learn from the Plundered Ministers' Accounts under date 5 August, 1646, that the living of St. Lawrence's vicarage was increased by the yearly rent of £2. 13. 4. reserved to the Dean and Chapter of Carlisle out of the parish of Crackenthorpe; £1. 6. 8. to them reserved out of the parish of Hilton; £1. 6. 8. to them reserved out of the parish of Merton; £4. 16. 8. to them reserved out of the parish of Bongate; 6s. 8d. to them reserved out of the parish of Langton; £1. 6. 8. to them reserved out of the parish of Rutter; 10s. to them reserved out of "the Ladie Boners Tithes"; £3. 6. 8. to them reserved out of the parish of Appleby; and £1. 10. 8. to them reserved out of the parish of Drybeck, or £17. 4. 0. in all. Also the further yearly sum of £20 out of the tithes and yearly profits of the Impropriate Rectory of Appleby which are sequestered from the earl of Cork, all to be allowed and paid to and for the increase of the maintenance of the minister of the parish church of Appleby, the present maintenance being but £50 per annum, and the town of Appleby is the Shire Town of the County.
It would appear from the following that Ambrose Rowland, minister of St. Michael's, held the living of St. Lawrence in plurality for a time. 10 June, 1656, "whereas the cure of the parish church of Appleby is at present destitute of a minister and whereas the parish of Bongate is near adjoining and may with convenience be united thereunto to the end that the inhabitants of the said parishes may not be destitute of the Word, it is ordered that Mr. Ambrose Rowland do preach diligently, instruct the parishioners of both the said parishes and have the liberty of the parish church for that purpose as well as of the church of Bongate and have and enjoy the profits of the vicarage."
That the tithe corn of Scattergate and Burrells in the said parish is in the possession of the Trustees for Maintenance of Ministers and is worth £20 the year which is settled by the said Trustees for the maintenance of a free Grammar School at Morland. That the tithe corn of Drybeck in the said parish is also in the possession of the said Trustees and worth £7 the year. That the tithe corn of Colby in the said parish is in the possession of Oswald Bird by lease from the Dean and Chapter of Carlisle and is worth by the year £12, out of which £2. 13. 4. is paid to the Trustees during the continuance of the lease.
That Mr. Ambrose Rowland supplies the cure there by order from the Trustees and hath allowed him for the same the glebeland which is worth £16 by the year, the tithe wool and lamb and all other tithes within the said parish which are not before valued and mentioned which are worth £14 by the year. And that the Town of Appleby is a Corporation and a Market Town and the place where the Assizes and Sessions are holden for the said County. And that the parish church of St. Michael being an appendage of the said Corporation is situate within less than a quarter of a mile of the parish church of St. Lawrence which is capable of receiving the people of both parishes and the maintenance of St. Michael's is worth but £49 by the year and may conveniently be united to the parish church of St. Lawrence in Appleby for the better maintenance of an able minister it being a public place and the profit of both places amounting but to £79 by the year.
In June, 1811, there was a dispute between the vicar of St. Lawrence's Church and the parishioners respecting the tithes of Turnips and Potatoes. Mr. Highmoor on the part of the parishioners wrote to Mr. John Caley of the Augmentation Office in London requesting that a search should be made whether there were any Records of importance respecting the right of the vicar to the above tithes or any others and also respecting the Great or Small Tithes appertaining to the parish. The Great Tithes Mr. Highmoor understood belonged to the Dean and Chapter of Carlisle from whom the present vicar, Mr. Phillips, has obtained a lease under which as well as in his own right as vicar he now claims the tithes of Turnips and Potatoes. An action has been brought by Mr. Phillips against one of the parishioners in which he has filed a Declaration to recover the above tithes. Hitherto no tithes of this sort have been ever paid but the parishioners have instead thereof paid to the vicar annually the sum of one penny under the denomination of a "Plough Penny."
Mr. Caley replied that after the suppression of the Priory of Wetherhal the rectory together with the advowson was granted to the Dean and Chapter of Carlisle, and to that document he referred Mr. Highmoor in order to see what tithes the crown conveyed as forming the Rectory.
The church was burned down by the Scots in 1174 and rebuilt with a tower in 1176; it was again destroyed by the Scots in 1388 and repaired early in the 15th century; it was reconditioned and greatly restored by the Lady Anne Clifford in 1655. Thomas Smith, Bishop of Carlisle, 1684–1702, erected at his own expense the porch or cloister at the entrance to the churchyard facing the market place. On 24 April, 1863, the church was re-opened after a thorough restoration under Ewan Christian the architect to the Ecclesiastical Commissioners.
The following is a list of the Incumbents that have been met with during the present research. The names are taken mostly from the Rolls of Quarter Sessions when the several clergy took the oaths of Allegiance and Supremacy, the oath of Abjuration and made the Declaration against the doctrine of Transubstantiation and subscribed the same according to law. After the Act of 21, 22 Vict. c. 48, a simpler form of oath was taken in lieu of the above.
That there was an early school in Appleby is shown by a sale in 1452 of a burgage house in Appleby made by John Marshall, vicar of St. Michael's, to Thomas lord Clifford, in which the property is described as on the west side of Kirkgate extending in length to a certain narrow lane called School-house Gate. In the 7 Henry VIII, 1515, there was an indenture made between Sir Richard Garnett, vicar of St. Lawrence, and Sir Leonard Langhorn chaplain of the chantry of St. Mary, whereby the said chaplain for the stipend of seven marks covenanted to officiate and teach school. On 6 June, 1518, the Borough granted to Sir Leonard Langhorn two other chantries. Sir Leonard covenanted to teach one grammar school in the Borough during the time he should enjoy the said chantries.
|Mansion with one close||0||8||0|
|Rents and farms in divers burgages||£4||3||4|
|A tenth part whereof is taxed at||9||1½|
By a royal commission appointed by letters patent dated 20 June, 2 Edward vi, 1548, payment of £5. 10. 8. annually from the receiver of Crown revenues in Westmorland, was directed to be made to " Edward Gibson the master of the Grammar School which had long existed in Appleby." In 1569 Dr. Robert Langton and Dr. Miles Spencer endowed the school with £300; of this benefaction Dr. Thomas Fuller in his Worthies of England, says, " it is a pity to part them, being natives of this county, doctors in the same faculty (of Law) and co-partners in the same charity—the building of a fair school at Appleby, the pregnant mother of so many eminent scholars."
The school was incorporated by letters patent of Queen Elizabeth dated 22 March, 1574, and she continued the endowment of £5 10. 8. Afterward there were several benefactions, among others; Reginald Bainbrigg the head master, left a garden called Peartree Garth and three houses by his will dated 11 May, 1606; Dr. Thomas Smith granted £300 in 1670; Rev. Randal Sanderson £200; Dr. Thomas Barlow, Provost of Queen's College, Oxford, gave £100 in books and £100 in money; and Sir John Lowther £100. From these sums £560 was expended in the purchase of an estate called New Hall, while at the inclosure of the common the Commissioners allotted 93½ acres to the school in 1773.
By the Parliamentary Inquiry made in 1819, respecting the education of the lower classes in England, it was found that Westmorland was the best educated county in the Kingdom; some of the schools were in high repute for classical requirements and have produced many eminent men both in Church and State.
St. Lawrence, over the Eden.
John de Morland, rector of Longmarton, in his will dated 20 March, 1357–8, bequeathed 2s. to the repair of the bridge over the Eden at Appleby. Testa Karleolensia. John de Burdon by his will dated 12 March, 1370–1, left 40s. to the bridge. Ibid., 101. Thomas de Anandale by his will dated 18 November, 1374, left one mark (13s. 4d.) each to eight bridges of which Appleby was one. Ibid., 107.
In 1444 Robert Warcop, mayor of Appleby, and the burgesses granted to John Marshall, chaplain, a certain ruinated chapel upon the west end of the stone bridge of St. Lawrence with permission for him to repair a chamber or oratory over the chapel—a building which became apparently the nucleus of the old gaol or lock-up in later years.
At the Quarter Sessions held at Appleby on 12 April, 1602, the Justices ordered that an assessment of 5d. in the pound should be levied on the Bottom of Westmorland for the repair of four bridges, of which this was one. But when on 18 July, 1649, sixteen bridges were presented as being in great decay after the Civil War including this bridge, the Justices ordered that 4s. in the pound should be levied upon the whole county, and not merely on the Bottom, for the repair of the same.
Joseph Bintley reporting upon this bridge on 29 September, 1887, said that a mass of large boulders and soft sandstone blocks from the neighbouring scar formed the foundation and abutments, with mortar run in that had hardened to a tenacity greater than the stones themselves. "The bridge consisted of two arches of about 45 feet span and a central pier 13 feet 6 inches wide, giving a total length of some 103 feet. The original width of roadway would be 13 feet. Each arch has five sandstone ribs, 17 inches in the soffit and 13 inches in depth, upon the which large flat stones were laid overlapping the ribs by some 3 or 4 inches. Each arch rises 12 feet from the springing line. The construction is of a substantial character, and had it not been for the natural decay of the stone and the heavy pressure of the water, to which the bridge has been for so long subjected, he was of opinion that it would have lasted for many generations to come. The effect of this continuing pressure has been observed undoubtedly before now, as is proved by the iron straps binding the low side, and also by the fact that some time since the bridge has been strengthened by adding two feet to the width on the low side with the hope, it is presumed, that such widening would act as an abutment to counteract the downward thrust. The expenditure of £831. 10. 0. for repairing the bridge seems heavy and would not be so satisfactory as taking the bull by the horns and building an entirely new and more commodious structure."
With this Report on 3 October the Temple Sowerby Trust approached the County Authority as to what they would do in the matter, when it was resolved that the County did not admit any responsibility in respect of the bridge.
The Clerk of the Peace drew up a Case and asked for the opinion of Mr. William Cunningham Glen. Briefly Mr. Glen replied that this "ancient bridge is evidently one of such public utility that in the absence of any special circumstances affecting the liability to repair it, it would be a County Bridge repairable by the inhabitants at large. If therefore, the inhabitants were indicted for the non-repair of the bridge, the onus would be on them of proving by sufficient evidence the liability of some other person or body of persons . . . . I am therefore of opinion that the Case and papers submitted to me do not disclose sufficient evidence to enable the inhabitants of the County to defeat an indictment preferred against them." Dated 31 December, 1887.
On 5 January, 1888, the Case and Mr. Glen's opinion were submitted to R. S. Ferguson, Chairman of the Cumberland Quarter Sessions, for his advice. Briefly Mr. Ferguson replied; "I think the fact that the Borough of Appleby contributes its due quota to the rates of the County at the same rate as the rest of the County, fatal to the contention that the County is not liable. . . . The bridge over the Eden at Carlisle was rebuilt in the reign of Elizabeth and the expense by Act of Parliament was put on the County as it would have been a great hardship on the people of Carlisle to have to rebuild it." Dated 12 January.
On 8 February the Mayor and Corporation deprecated strongly the idea of repairing the bridge for it was much too narrow for the needs of the public and recommended that an entirely new bridge should be erected. On 16 February the Magistrates at Quarter Sessions being guided by the opinions of Counsel accepted the liability and resolved to build a new bridge at the expense of the County.
On 17 May the Bridge Master was instructed to advertise for tenders for the taking down and rebuilding in stone of this bridge, and on 14 June it was resolved to accept W. Grisenthwaite's tender for the execution of the work at the sum of £3538. The actual cost was £3624. 14. o. C.C. Minutes. Such then was the fate of the ancient bridge, similar and equal in beauty to K. Lonsdale Bridge !! The County may have been rushed into it, but nothing can excuse the Bridge Master, in not trying to save this monument of antiquity, except his mechanical leanings towards ironwork.
Colby, over the Colby Beck on the road to Appleby.
At the Quarter Sessions held on 12 April, 1602, it was ordered that an assessment of 5d. in the pound should be levied on the Bottom of Westmorland for the repair of four bridges of which Colby was one. It appears upon the list of public bridges made on 28 April, 1679. On 12 April, 1686, the causey at the end for 300 feet was ordered to be repaired. On 11 January, 1741/2, a presentment was made that this bridge was a public one, that it wants to be rebuilt and ought to be rebuilt at the expense of the county; whereupon it was ordered that the High Constables should view the same and report. On 12 January, 1778, it was again presented, with 300 feet at each end, as being in great decay and too narrow and that it ought to be repaired and widened at the County expense. On 8 April, 1796, it was ordered by Quarter Sessions that proper posts be immediately got for hanging Colby Bridge, so that it must have been a wooden construction.
Hoff, over the Hoff Beck on the road to Appleby.
On 18 July, 1649, at the Assize held at Appleby, sixteen bridges were presented as in decay after the Civil War, Hoff Bridge being one of them, when it was ordered that 4s. in the pound should be assessed and levied upon the whole County toward the repair of the same. It appears upon the list of public bridges made on 28 April, 1679. On 12 April, 1686, there was an order to repair Hoff Bridge end and the causey. On 25 April, 1695, Quarter Sessions ordered the repair and enlarging of this bridge with paving for a clear passage on to it. The great flood in the Eden on 2 February, 1822, completely destroyed the bridge and on 13 February it was ordered to be rebuilt. The building was let to G. Broderick for the sum of £139.
JUBILEE FOOT BRIDGE.
Roger de Thurkleby, the abbot of Peterborough and the sheriffs of Westmorland held the Assize at Appleby on Monday next after the Ascension of Our Lord in the 40th year of the reign of Henry III, 1256. It was at this Assize that the king issued a mandate to Roger de Thurkleby and his fellows that whereas he had no money to pay for his purchases at Boston fair, except from the eyres of the northern counties, the sheriffs were to collect all the money at their command and deliver it to the King's messengers at Boston, and to provide for the king with all speed, as they would save him from loss and perpetual scandal.
On 22 July, 1260, Gilbert de Preston was appointed to succeed Roger de Thurkleby. In 1278 John de Metyngham was appointed one of the justices going on eyre in Westmorland, Cumberland and Northumberland when he took with him all the Rolls of the last eyre of Roger de Thurkleby and his fellows and also of the eyre of Gilbert de Preston and his fellows. Trans. N.S. xiii, 63–68.
William le Lockesmyth broke into a certain shop in Appleby and carried away the goods found in the same and fled to the church of Appleby and acknowledged the theft there and renounced the realm for ever before the Coroner. His chattels are worth 4s. for which the township answers. Assize Roll, 1256.
Andrew de Harcla was at the height of his fame when he outmanœuvred and broke the power of the rebel earl, Thomas of Lancaster, at Boroughbridge, and took prisoner Roger de Clifford III. Roger joined the rebels perhaps out of jealousy of Andrew, or because he was not recognised as Sheriff of Westmorland, for since his father's death at Bannockburn, deputy sheriffs—Hugh de Lowther, Walter de Strickland, Patric de Curwen, Henry de Threlkeld, Henry de Warcop—had been chosen, or perhaps because castles which were his by inheritance were garrisoned by others. But on account of Clifford's rebellion the castles of Appleby and Brougham, as well as Pendragon, were from this time definitely held by Andrew de Harcla.
Roger de Clifford, knt., by Thomas Dannay his attorney, appeared against Adam de Corry in a plea that he render a reasonable account of the time he was his bailiff in Burgham, Appleby and Burgh upon Staynemoor and receiver of money for the said Roger. Defendant did not come. Case adjourned until Easter. De Banco Rolls, 469, m. 63d.; 470, m. 171.
Roger de Clifford, knt., by Thomas Dannay his attorney, appeared against William de Tunstall in a plea that he render unto him £40 which he owes; and further that he render unto him a a reasonable account of the time when he was receiver of money for the said Roger. De Banco Roll, 470, m. 267.
Johanna who was the wife of John del Chaumber, by Adam de Crosseby her attorney, against Thomas Forster of Drybeck in a plea for the third part of one messuage and two bovates of land with appurtenances in Drybeck. Defendant did not come and made other defaults here from Easter Day last past so that then the sheriff was ordered that he take the aforesaid third part into the king's hands and that he summons him to be here from Trinity in fifteen days then following. And the sheriff now testifies the day of the taking thereof; therefore it is considered that the aforesaid Johanna should recover seisin of the said third part, and the aforesaid Thomas is in mercy. De Banco Roll, 471, m. 222d.
Roger de Clifford, knt., executor of the will of Ralph de Dacre, by Thomas Dannay his attorney, against Gilbert de Berburne in a plea that he render unto him twenty marks which he owes. De Banco Rolls, 474, m. 23d.; 476, m. 33d.; 477, m. 489d.
Roger de Clifford, knt., by Thomas Dannay his attorney, against Adam de Corre in a plea wherefore with force and arms he broke into the parks of the said Roger at Brough, Appleby and Murton, his free chases at Brough, Kirkby Stephen, Nateby and Overton, and entered into the same parks and chases without licence and took and carried away his deer and cattle; and his corn and herbage to the value of £10 lately growing in these places with certain beasts was depastured, trodden down and consumed. Adam de Corre, however, pleaded that he was under the protection of the King, as from 12 October, 3 Richard II, he being in company with Thomas de Rokeby, knt., Keeper of the King's castle of Lochmaben in Scotland. De Banco Roll, 476, m. 33d.
Demise by Richard Patherall, chaplain of the Chantry of St. Nicholas and St. Mary in the parish church of St. Lawrence of Appleby, with the consent of the mayor, bailiffs and commonalty of the said vill, to John Ouerdo of Appleby, senior, for the term of 200 years, of all the burgages of the Chantry of St. Nicholas lying in Burghgate, between Ralph Peny's tenement on the one side and that of John Morill on the other, in the vill of Appleby; with a certain chamber belonging to the Chantry of St. Mary within the stone house in front of the said tenements; rendering yearly to the said chaplain and his successors four shillings sterling at the feasts of Pentecost and St. Martin in Winter by equal portions. Witnesses, Thomas de Mallerstang, mayor of the said vill and others. Easter, 13 Richard II.
The Borough of Appleby paid a fifteenth of its goods, as a subsidy to the King, amounting to 60s. 5d.; Colby paid likewise 13s. 4d.; and Barwise, Hoff and Drybeck 35s. A total of £5. 8s. 9d. Excheq. Q. R. Miscell. Books, vol. 7.
Demise by John Dey and William Hanson, Keepers of the Lamp of the Blessed Mary in the church of St. Lawrence of Appleby, with the consent of William Smyth, Henry Crab, Robert Ouerdo and John Bird, "Kirkemaistres" of the said church, and all the parishioners, to Thomas Hanson, mercer and burgess of Appleby, for the term of 60 years, of a burgage on the north side of Burgate, between the burgage of William Ouerdo, junior, called Goldyngton Hall on the south side and the burgage of Lord de Clifford, called Le Wynehouse on the north; answering yearly to the Lamp aforesaid at the terms of Pentecost and St. Martin in Winter, twenty pence by equal portions. 29 Henry VI.
Demise by Sir Thomas Ouerdo, Chaplain of the Chantries of the Blessed Virgin Mary and St. Nicholas in the churches of SS. Lawrence and Michael of Appleby, to Thomas Hanson, mercer, for the term of 40 years, of four acres of land lying together upon Le Duffestans, belonging to the said Chantry of the Blessed Mary, rendering yearly to the said Thomas Ouerdo and his successors 2s. 8d. at the terms of Pentecost and St. Martin in Winter by equal portions. Witnesses, John Wherton, mayor of Appleby, and others. 29 Henry VI.
Demise by Thomas Ouerdo, Chaplain of the Chantry of the Blessed Mary in the church of St. Lawrence at Appleby, with the consent of the community there, to John Helton, junior, late of Appleby, for the term of 202 years, of a burgage as it lies between two burgages of Thomas Helton on either side in a street called Batelbergh on the west side of the street, rendering yearly 20d. to the said Thomas Ouerdo and his successors, at the feasts of St. Martin in Winter and Pentecost by equal portions. Witnesses, John Wherton, mayor of Appleby and many others. Dated at Appleby in the Feast of St. Leonard, 29 Henry VI.
Release by John Hartley, of Appleby, to Henry Smythe, Chaplain of Appleby, of a burgage which he had by the consent of the said Henry, and of the mayor and community of the said borough, as it lies in the west of the borough between the Prior of Wedderrell's burgage on the south side and the burgage of the Lamp of the Blessed Mary, on the north side; to hold to the said chaplain and his assigns during the term of 200 years. 8 Henry vii.
Demise by Sir Edward Gibson, "Chauntre prest and scoilmaster in Appelby," to Sir Leonard Langhorn, vicar of Appleby, of a Close called "Scoilhowse Closse" for their lives, the said Sir Leonard paying therefor yearly to the said Sir Edward "at the fest of the Invencõne of the Crosse oyther wysse callid the fest of seynt helyn," 6s. 8d. Sir Edward agrees to cause yearly the said close to be mown and made in hay and then to lie it upon the said schoolhouse bake (sic) to the profit and use of the said Sir Leonard. Witnesses, Mr. Thomas Sandforth, mayor of Appleby and others. 25 Henry VIII.
Demise by Alan Bellingham of Helsington to Bartholomew Gibson of Appleby, tanner, for the term of 35 years, of a burgage lying on the west side of the vicarage of St. Lawrence, now in the occupation of the said Bartholomew, and a close of the said Alan's called Schoolhouse Close with an orchard and garden, rendering yearly 20s. at the feasts of Pentecost and St. Martin in Winter, by even portions. Levens Hall Deeds.
The plague which desolated the north broke out in Appleby. But while 2500 people died of it in Kendal and 2260 in Penrith, only 128 inhabitants died of it within this parish. During the period of the visitation which lasted from March to the 1st of August, the market was removed to a place there known as Gilshauglin.
Inquest taken at Shappe, 10 January, 14 James 1 (1617), before Thomas Dudley, esquire, & Robert Curwenn, gentleman, feodaries. Margaret, countess of Cumberland, held at her death for term of her life, as jointure, the castles & manors of Brougham alias Burgham, Appulbie alias Applebye, Burgh under Stainesmore & Pendragon & the manors of Kirkby Stephen, Sowerby juxta Burgh, Wintonn, Kingsmeaborne, Langton, Mallerstronge, Knock alias Shalcocke, & the forests of Whinfeild, Stainsmore & Mallerstronge & divers messuages, lands, tenements, feedings, pastures, meadows, woods, underwoods, rents, reversions, remainders, advowsons, liberties & franchises in all the above places & Temple Sowerbie, Kirkbythure, Whinfeild alias Whinfell, Woodsyde, Moorehouses, Sandforde, Cliborne, Brampton, Horneby, Boulton, Burrells, Clifton, Flaickbrigg, Sowthfeild, Bongate, Burton, Hiltonn, Milburnefell, Kendall & Marton of the inheritance of George, late earl of Cumberland, her late husband, deceased, by virtue of an Act of the Parliament of Queen Elizabeth at Westminster on 19 February, 34 Elizabeth (1592). The countess died 24 May, 14 James I (1616) at Browgham, co. Westmorland, and Anne, countess of Dorsett, wife of Richard, earl of Dorsett, is daughter & heir of the said Margaret, late countess of Cumberland, & at the time of her mother's death was aged 24 years.
Owing to the strife between the young Lady Anne, countess of Dorest, and her uncle, Francis, as to the succession of the Clifford estates after the death of her mother, the Deputy Lieutenants and Justices of the Peace were warned by the Lords of the Council, that having heard of the violent conduct of the Earl of Cumberland's servants and people in breaking up the windows and doors of the castle of Appleby and by strong hand putting out the servants of the Earl of Dorset, they were to prevent any further violent or unlawful course and see that the castles of Brougham and Appleby remain in the state that they were in on the day after the death of the late Countess until the right of the dispute be determined by due course of law.
During the Civil War Appleby Castle was captured for the Parliamentarians by Gen. Ashton, who took as prisoners of war Sir Philip Musgrave, Sir Thomas Tilsey, Sir Robert Strickland, Sir William Hudleston, Sir Thomas Dacre and Sir William Blackstone together with 15 Colonels, 9 Lieut.-Colonels, 6 Majors, 46 Captains, 17 Lieutenants, 10 Cornets, 3 Ensigns, 5 piece of Ordnance, 1200 horse, 1000 arms and all the ammunition, bag and baggage.
Instructions were sent to the commander of the forces at Appleby to take care that no harm was done to the castle and goods therein and that no spoil be made upon the country, when they shall march out of it. Cal. State Papers, Dom., 1648–1649.
The Hospital of St. Nicholas near Appleby belonged to the abbey of Shap, to whom it was given by John Veteripont. The gift was confirmed by Walter Malclerk, bishop of Carlisle 1223 to 1246, upon condition that the monks should maintain there three lepers for ever. After the dissolution Henry VIII granted it to Thomas lord Wharton whose descendant sold it in 1614 to Israel Fielding. In a survey taken 42 Elizabeth, 1599, the Hospital comprised "the dwellinghouse clean destroyed; the Chapel heretofore an hayhouse now made the dwellinghouse; the orchard much destroyed." The Lady Anne Clifford purchased the Farm or Grange of St. Nicholas on 30 December, 1652, for £900 and conveyed it to the Trustees of her new Hospital of St. Anne.
The foundation stone of the new Hospital of St. Anne for a mother and twelve sisters was laid on 23 April, 1652, and it was completed and occupied by February, 1653–4. The following is an extract from the charter of Incorporation, dated 13 Charles II, 1661:— "Whereas our dearly beloved Cousin Anne Countess Dowager of Dorset, Pembroke and Montgomery . . . . hath given us to understand that in the Northern Part and particularly near our Borough of Appleby . . . . there are very many women decrepit and broken down by old age who are supported by begging their bread and being without any Receptacle or Relief lead an idle and vagrant life And the aforesaid Countess being moved with pity intending and greatly desiring to provide for such poor women in some convenient manner hath humbly besought us that we would condescend to erect, found, make and establish in the town of Appleby one Hospital for the better relief and further support of thirteen of such poor and decrepit women . . . . who on account of their great old age and great debility of body are not able to gain their food and clothing by labour," etc.
Her contemporary Dr. Thomas Fuller in his Worthies of England, says, "Anne Clifford hath left a most lasting monument of her love to the public. This is that most beautiful Hospital, stately built and richly endowed at her sole cost at Appleby. Christianly valiant is the charity of this Lady, who in this age wherein there is an earthquake of ancient Hospitals, and as for new ones they are hardly to be seen for new lights, I say couragious this worthy lady's charity, who dare found in this confounding age wherein so much was demolished and alienated which was given to God and his church. Long may she live in wealth and honour, exactly to complete whatsoever her bountiful intentions have designed."
The foundation is now regulated by a scheme of the Charity Commissioners, made in 1871, under which besides having their habitation free from rent, rates and taxes and repairs, the mother receives £35 and the sisters £30 each annually with free medical attendance, medicine and such necessaries as may be prescribed in time of sickness.
Quarter Sessions ordered that if Robert Dunn shall and do at all times during the term of one whole year next to come faithfully discharge the trust put upon him as Master of the House of Correction, for which he hath a salary allowed him of £13. 6. 8. in money and the sum of £6. 13. 4. to be bestowed in wool for setting such persons as shall or may come to his hands, and also if he shall give correction to all offenders which shall be sent him by any of his Majesty's justices and suffer no escape to be made etc., that then he shall be appointed Master.
1669–1672 Hearth Tax Roll
Although the Domesday tenant paid his "fumage" or hearthpenny, on Holy Thursday, the tax gradually disappeared with the decline of the feudal system. Edward the Black Prince imposed a "fouage" of ten sous upon his Aquitaine tenants in 1368 but his greater vassals strongly opposed it—an opposition that materially led to the ultimate loss of the Province to the English Crown. After the unfortunate Poll Tax of 1381 Parliamentary levies consisted of tenths and fifteenths on towns and counties until after the Restoration when the Hearth Tax was revived in 1662 (13. 14 Car. II, c. 10). By this Tax the King received annually 2s. upon every hearth in all houses paying Church or Poor rates.
The Statute was amended in the following year to relieve occupiers of houses under the value of 20 shillings per annum, or not occupying lands of that value, or not possessing goods worth £10. Such could gain exemption on obtaining a Certificate to that effect. On the accession of William and Mary, 1689, the tax was repealed. Fortunately the Rolls are preserved in the Public Record Office and they are valuable as a record of the principal inhabitants of the time and the number of fireplaces they enjoyed.
In going through the various parishes it will be noted that the great majority of houses only had one fireplace apiece, a few had two, while three or more was a very rare and luxurious number. Apart from these the great castles and halls still retained in 1670 their number. Appleby had 40; Brougham, 30; Wharton, 29; Brough, 24; Lowther 15; Pendragon, 12; while Hartley, Newbiggin, Smardale, Sockbridge and Warcop had 10 apiece.
|Mr. Christopher Lowther||3|
Whereas Geoffrey Braidley and Isabel Braidley stand convicted of petty stealing it is ordered that the Keeper of H.M. gaol for the county do keep them in his custody till the next Market day and that then they be severally set in the stocks from ten till four and afterwards be sent to the House of Correction till the next General Sessions of the Peace to be holden at Appleby.
Upon the humble petition of James Fothergill setting forth that he hath been a soldier in his majesty's service in the regiment of the Hon. Sir Philip Musgrave and under the command of Major Ridley, and therein receiving many sad wounds whereby he is totally disabled from getting a livelihood, it is ordered that he receive the pension of Robert L— of Soulby decd. A similar petition of William Morland, a soldier under the command of Col. Kirkbride, who was ordered to receive a pension not exceeding 40s. at the first vacancy.
Forasmuch as the Court hath received information that one John Patteson servant to Mr. Reginald Dobson is under a great distemper of melancholy insomuch that he cannot be governed, it is therefore ordered that the constables of Hoff and Dribeck do take to their assistance able and sufficient men and convey the said John Patteson to the House of Correction to be chastised according to the rule of that house.
Upon the humble petition of Robert Dunn, master of the House of Correction, setting forth that for many years there hath been nothing done for the repair thereof and that by reason of the great floods and wind it has fallen into great decay, the Court ordered that 2d. in the pound should be levied for its repair.
Whereas there is complaint that several smiths have been charged with the duty of Hearth Money, they not being liable to pay such for their dwelling houses, it is ordered that where distress hath been made such distress should be returned unless such smiths do pay £1 rent for such smithies.
Ordered that Alexander Guy stand committed until he pay 20 shillings fine for keeping a greyhound he not being qualified so to do. On the same day it was ordered that all petty constables within the West Ward, who have not brought in lists of all those that keep guns and greyhounds, appear at the next Sessions to bring in the same or show cause to the contrary.
According to the Statute of Winchester (1285) which placed upon the landowner the liability of making good to the person robbed the loss he had sustained in his district, Quarter Sessions ordered that the sum of £105. 6. 8. be levied within the West Ward and paid over to Jane Beeby, the widow and relict of William Beeby, decd. for the full satisfaction of the late robbery committed upon the said William, and that an assessment of 4s. 2d. in the pound be forthwith imposed at or before the 10th of November next, and that the remainder to be for the payment of the charges at law occasioned by the defence.
Forasmuch as the Court hath thought fit to remove Robert Dunn from being Master of the House of Correction after a period of 30 years, it is ordered that from and after the next Easter Sessions John Mounsey do enjoy the office and that Robert Dunn have £6 yearly paid him out of the £20 salary formerly allowed to the said office during his life. He died before July, 1697. The following is a list of his successors as Task Masters:
|1701–1709||John Newton of Colby|
|1709–1742||John Newton his son|
Quarter Sessions ordered that John Tennant and Elizabeth Craughton, now prisoners in the House of Correction, be publicly whipped through the town of Appleby, betwixt the hours of eleven and one and then sent from constable to constable to the place of their last habitation. On 24 April, 1693, Sarah Tynman being convicted of petty larceny was ordered to be whipped through the town of Appleby on the following Market day. On 2 October, 1693, Margaret Collinson being found guilty of the like offence was ordered to be set in the stocks at Appleby for one hour.
In connection with a school that Sir John Moore desired to build in Appleby there is an interesting letter from his architect, Sir Christopher Wren, as follows:—"Sir, I received your letter with Sir William Wilson's, and I am sorry I was out of the way when you were pleased to call upon me. I am satisfied there is room sufficient in the ground for the design I drew according to your first thoughts with room for boarders; if you have new resolutions I can cast easily a new design suitable to your own intentions. If you have room for boarders it is no great addition of charge in regard it is but a floor over the Hall, and it is certainly better for the boys to be always under their master's eye than to board at distance in the village, and I should think that a less salary with advantage for room for boarders is more considerable than a large allowance without it, and to have gentlemen's sons well accommodated is that will bring reputation to the school and a good interest to the master, for which reason you will always have choice of worthy men to succeed in the school because it will be more desirable to any person than a mere salary, but all this is submitted to your own judgment. I have considered Sir William's estimate upon his own dimensions and yet I believe it will rise higher. Yet I cannot be positive till I am informed of the prices of the country materials which I supposed Mr. Woodstock would have informed me of, if at least you continue your thoughts to send him down, when I have the prices of materials I can certainly then give you a true estimate by particulars of the whole charge after you have fully resolved of the design. Till I have your further instructions I remain your most humble servant, Chr. Wren."
On 15 October, 1695, Sir William Wilson, who was carrying out the building of the school, presumably under Sir Christopher Wren's design, writes that he does not intend any carving except Sir John Moore's coat of arms and crest which is a "More Cock," but he desires to have at the upper end of the school Sir John's statue, placed as it is to be in his school at Christ's Hospital, and a marble tablet under it with the Founder's will thereon. "This will be a true speaking monument when length of time and corrupt men may alter your charitable intention if committed to parchment only; that is not the only good it will do but it may so please God that when such men read this as are able to do works of charity, that this may stir up their good nature to lay out some of their wealth which God hath given them to do deeds of charity with."
On 18 July, 1698, Sir William Wilson submitted to Sir John the inscription proposed to be erected in the school as follows:—"Sir John Moore, knt., Lord Mayor of the Cittie of London in Anno 1681 and in 1682, who by his prudent Government of the Cittie at that time moderated the disturbed spirits of the Cittizens whose fury not only endangered the Government of the cittie but the peace of all England. For which good services done to his king and country King Charles the second was pleased as a particular acknowledgement to give him a Lyon of England to be added to his Coat of Armes as a Honorarie memoriall to posteritie of the faithfull services done by the said Sir John Moore, who hath in charitable remembrance of his owne native contrey caused to be erected this schoole at Applebie for the education of the sons of the neighbourhood. Who are to be here taught gratis to know the letters, read, write and to account, and so on till they shall be fit for Trades or the Universities as their parents or friends shall think fitt."
In 1702 the bill was presented, viz., for the Statue £50; the Coat of Arms £10; the inscription in marble £6; the arms £5. The statue is in length 6 feet; the length of the periwig 1 feet 6 inches; the sword 4 feet 1 inch; the mace 4 feet 1 inch; the coat of arms over the statue 2 feet 7 inches high. The whole 11 feet 5 inches high and 6 feet 2 inches wide. The Coat of Arms over the middle of the cloisters is 4 feet 7 inches in height and 5 feet 1 inch in breadth.
Ordered that the High Constable for the East Ward do issue forth his warrants for an assessment of 10d. in the pound, as well upon houses and lands for defraying the charges expended in defending the action brought against the said ward by Joseph Watt for his pretended robbery.
Whereas Agnes Green, spr. is a vagrant and hath come to the Borough of Appleby upon some evil design it is ordered that she be whipped out of the said Borough on Saturday next being Market day between the hours of ten and twelve, and from thence be conveyed to the next constable and so from constable to constable till she come to Lupton the place of her last settlement.
In the loyal address sent by the Mayor and Corporation on the occasion of the coronation of Queen Anne, there is a promise that "we will sacrifice our lives and fortunes . . . . in supporting the Crown in the Protestant line, and the pure and unspotted Church of England as by law established."
There was a presentment made to Quarter Sessions that the highway leading from Oak Beck through Drybeck Lane to the rivulet at the far end of Drybeck was in decay, whereupon the inhabitants of Drybeck were ordered to be fined 2s. 6d. for their neglect therein. And on 9 April, 1711, the highway leading from Colby to Appleby in a place called Barrow Moor was presented as being very ruinous and in decay.
We now come to the period when our Justices, for some reason or other, found it necessary to enforce the antiquated Whipping Acts of 1530 and 1596; and it will be noticed in the following pages that while only trumpery fines were imposed upon those who made assault or did bodily injury, this severe and degrading punishment was inflicted upon such who were convicted of the most petty larceny. By the latter Act persons were not to be wholly naked when publicly whipped, as previously, but from the middle upwards and whipped until the body should become bloody. Naturally severity depended upon the temperament or corruptibility of the Task Master. At Easter, 1730, Mary Rudd was ordered to be carried from the gaol to the High Cross and there stripped naked from the waist upwards and whipped from the said Cross back to the Gaol. On 22 April, 1734, Richard Wilson for stealing one man's shirt of the value of 11d. was sentenced to be stripped and whipped as above. On 5 October, 1747, John Edrington was ordered to be stripped from the waist upward and whipped during the Market from the High Cross to the Low Cross. But this was only the beginning.
There was a presentment that John Shepherd of Drybeck, yeo., with force and arms did block up a certain ancient watercourse adjoining the King's highway leading from the Market town of Kendal unto the Market town of Appleby, with earth, stones, turves and other materials and by making a bank against and across the same unlawfully did obstruct the said watercourse by reason whereof the rain and waters that were wont and ought to flow down the said stream did overflow and remain in the King's highway and thereby the same way was and yet is greatly hurt so that his Majesty's subjects desiring to pass with their horses, carts and carriages could not nor yet can pass, ride and travel as they used and were wont to do.
Mary Wilkinson of Appleby being found guilty of stealing one shift valued at is. was ordered to be publicly whipped through the market of Appleby and afterwards conveyed as a vagrant to her settlement at Durham. Then we come to the case of Martha Philipson, a widow, who for stealing some ironwork of the value of 10d. was ordered on 7 October, 1791, to the custody of the House of Correction there to be confined and kept to hard labour in the day time and to solitary confinement in a cell at night time; and on Saturday the 15th between twelve and one o'clock to be stripped naked from the waist upward and publicly whipped till her body be bloody from the said House of Correction round the High Cross and back again. And again to be whipped in like manner on that day four months next ensuing, and a third time on that day four months and finally at the expiration of the year's confinement to be again whipped in like manner. Appleby Indictment Book, 1786–1798. The record of twenty-five of these barbarous punishments, as given in these pages, finds a climax, surely, in the case of this pitiable widow
William Graham of Appleby for stealing a linen shirt of the value of 10d. was ordered to be stripped naked from the waist upward and publicly whipped through the Market on Saturday next and again imprisoned for three months.
Upon the Rolls of Quarter Sessions was filed the Rules and Orders of the Friendly Society at Appleby, which rules were formulated in January, 1794, and enlarged and amended by order of the Society on 28 February. The meetings were held at Mr. Mason's house, the sign of the King's Head.
For the provision of soldiers to serve in the army as required by a late Act, the parish of St. Lawrence together with the Parish of Kirkby Thore and the Townships of Great Musgrave and Temple Sowerby, having between them 265 inhabited houses, had to provide five men. A fine of £20 for every man missing from the quota was levied upon the parish.
Ordered that Jane Workman be closely confined for two months and on the last Saturday of each month she was to walk through the public streets in Appleby, attended by a constable, with a board hung round her neck with the words "Rogue and Thief" printed thereon in large characters.
Quarter Sessions ordered that £19 be raised and paid out of the County Rate to pay the serjeants for drilling the Loyal Appleby Volunteers. And on 8 February following the High Constables were ordered to pay £14 to the serjeants for drilling the Volunteers in the West Ward.
The ancient Cloister at the entrance to the Church yard, built by Bishop Thomas Smith was used as a Market House and the Corporation paid a rent of 5s. per year to the vicar in consideration that part of the said building was erected upon the churchyard. This building was pulled down in 1811 or 1813 and a new one designed by Robert Smirke was erected upon the same site at a cost of about £1000. In 1827 it was turned into shops.
John Wilson of Appleby for stealing three red morocco leather pocket books of the value of 6d. being found guilty was sentenced to be confined in the gaol for six months and that for one week in each month he be confined in a solitary cell.
At the Sessions held on this day there was filed a Declaration of Richard Lough of Kendal that he had a printing press and type for printing which he proposed to use for printing within the Borough of Appleby and which he required to be entered in pursuance of the Act in that behalf made. He declared the same again on 10 July, 1826. In the meantime, on 14 July, 1823, John Chapelhow filed a similar Declaration that he intended to carry on a printing business, with a press and types, in the premises formerly occupied by his late father John Chapelhow in Appleby.
Elizabeth Danson was convicted in the penalty of £5 for exposing for sale thread lace of British manufacture, she having taken a licence for so doing but not having the words " Dealer in British Lace" painted or written in legible characters either above her door or on some visible part of her shop.
One thousand four hundred acres, or thereabouts, being parcels of common and waste lands in the townships of Hoff, Hoff Row and Drybeck, were ordered to be divided and inclosed by an Act of Parliament of this year, receiving the Royal Assent on 23 May. Sackville, earl of Thanet Island, was lord of the manor; the Dean and Chapter of Carlisle were the impropriators of the rectory and patrons of the vicarage and church of St. Lawrence; Rev. Joseph Milner was the vicar. The Commissioners appointed were James Watson of Low Plains in Cumberland and Thomas Hudson of Carlisle.
Indenture between George Thompson of Appleby, banker, of the one part, and William Dalton of Kirkby Thore, yeoman, and a great many others of the second part. Witnesses that for £86 the said George Thompson has sold to those of the second part a piece of land or building ground intended for the erection of a Wesleyan Methodist Chapel, situate at the bottom of Peatman Croft in the parish of St. Lawrence of Appleby, containing 699 square yards, bounded by Butts Lane on the south-west, the Butts Gardens on the north-west, Parson's Croft on the north-east and the dwelling house of John Smith on the south-east; at a yearly rent of 4d. to the earl of Thanet, to have and to hold for the remainder of a term of 999 years, granted with other premises by Sir Anthony Thomas Abdy, of Lincoln's Inn, bart., to Anthony Ward, decd. by lease dated 1 June, 1754, to keep the said Chapel in repair, so that the Wesleyan Methodists may at all times resort there and the yearly Conference may be held there, etc. Close Roll, 10237, pt. 59.
John Copeland for making an assault upon Isabella Percival was sentenced to gaol for nine months and to be publicly whipped on his bare back on the next Market day from the Low Cross to the High Cross and back again. This is the last instance of public whipping met with in the Quarter Sessions Records.
Ordered that the Clerk of the Peace inform Lord Lonsdale that the Committee on the Militia Barracks propose to employ Francis Webster, architect, to value the plot of ground behind the County Gaol for the Militia Barracks.
A very extraordinary accident happened at St. Lawrence's Bridge when a lurry was being driven over it. The horse bolted and jumped the parapet knocking one of the coping stones into the river. For some time the horse was suspended by the harness until the straps broke and it fell into the river without serious hurt.