GAOL AND SHIRE HALL.
The right of the de Clifford family to hold and exercise the office of
Sheriff, year by year and that for many generations, is unique. The
privilege was granted by King John and it was not relinquished till
1849. The continuity was broken for twenty-four years only, namely
from the attainder of 1461 to 1485, when Henry lord Clifford, "the
shepherd," resumed his ancient proud position. Moreover, the
office was made picturesque by two ladies who claimed the right;
firstly in the time of Edward 1 when Isabella, widow of Roger de
Clifford, "satte in person as sheriff of the County," and secondly
when the Lady Anne not only took her seat on the Bench but "rode
on a white charger before the Judges to open the Assizes."
From the Roll of 1256 it is clear that malefactors were then imprisoned in Appleby castle. For instance certain evil doers broke into
the house of Geoffrey de Melkinthorpe and Richolda his wife, cut their
throats and carried away their goods. Afterwards Warin de Melkinthorpe and two women were taken for the burglary and imprisoned
in the castle of Appleby, from whence Warin escaped in the time of
Ralph de Nottingham then deputy sheriff. Insecurity or bribery
appear to have aided frequent escapes, for on an earlier occasion it
was reported, at this same Assize, that "William de Huntedon and
Habertass, a foreign malefactor, were imprisoned in the castle for
theft and from there they escaped at the same time as Emma de
Kendall and others escaped; judgment being given against the
Prior of Carlisle, then deputy sheriff."
Leyland writing in 1539 says, "Appleby is the Shire Towne, but
now yt is but a poore village, having a ruinous Castel wherein the
prisoners be kept." And as the Cliffords were the hereditary sheriffs
of Westmorland it would appear that not only the prisoners were
lodged, but also the Sessions of the Peace were held at the castle.
On 22 February, 1608, the King commanded Margaret, Dowager
Countess of Cumberland, to continue to keep the usual assizes for
gaol delivery at her castle, to which she greatly objected and unsuccessfully petitioned against on 30 May following. Cal. St. Papers,
1603–10. It would further appear that the Sessions continued to be
held at the castle until at least 1641 when it was garrisoned for the
royalists during the Civil War. The courageous Lady Anne restored
her castle in 1651 and about the same time erected a goal within the
Borough and removed the prisoners thereto.
But that the Assizes were held at the Castle as late as 1664 is shown
by the following extract from the Lady Anne's diary. 'The 20th
day of this August, 1664, did the two Judges of Assize for this northern
circuit come hither 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 [Kaber Rigg] plot and conspiracy, so he was executed accordingly the first day of the month
following."
Nicolson and Burn say that "at the west end of the bridge stands
the old gaol; a little, mean, incommodious building without one inch
of ground out of doors wherein the prisoners might receive fresh air
. . . . from the monkish inscription over the door it seems not to be
very modern. Porta patens esto nulli claudatur honesto."
The first mention of this gaol in the Quarter Sessions Records
appears on 10 July, 1683, where it is found to want a pair of stairs,
ridging, tabling, slate and also a little Lodge. One penny in the
pound was assessed upon the whole County toward the repairs of the
same. Again on 11 January, 1691/2, it was ordered that 2d. in the
pound be levied upon the whole County toward the repair of the
stairs "that are now falling."
On 11 July, 1693, it was ordered that the High Constables within
the Barony as well as the Bottom should forthwith meet to consult
what the charge would be for enlarging the Common Gaol. At the
Appleby Sessions on 2 October and at the Kendal Sessions on 12
January following, it was ordered that 9d. in the pound be levied for
the purpose.
John Nicholson, Keeper of the Gaol, reported on 13 January,
1709/10 that the gaol was very ruinous both in the roof, stairs, and
"Low Goales" as also the conduit, whereupon the four High Constables of the County were ordered to view the same and agree with
workmen for such repair as they deemed necessary. Then we have
an order, 12 January, 1710/11, to Mr. Ric. Baynes, Clerk of the Peace,
to prosecute Christopher Atkinson of Appleby for refusing to suffer
the workmen employed by H.M. Justices, to repair the Common Gaol
and set up a "staircase or ladder at the south end where the same hath
time out of mind been erected for going up to the garret of the said
gaol, for the want thereof the said gaol is in danger of losing the
prisoners by their breaking forth, etc."
Upon the petition of the Chamberlain of the Borough of Appleby
setting forth that the yearly rent of 6d. is due from the County to the
Borough for the County Gaol which stands within the Borough and
that the said rent has not been paid for 31 years last past, the Court
ordered on 12 January, 1745/6, that all arrears of rent be forthwith
paid by the whole county. Then arose the question as to the ownership of the gaol and who was legally liable for its maintenance. The
Clerk of the Peace having searched the Sessions Books and other
evidences touching the ownership, the Court ordered on 15 April,
1765, that he prepare a Case from such material and lay the same
before some eminent counsel for advice and opinion thereon.
Mr. Attorney General and Mr. James Wallace's opinion, dated 13
July, 1765, is here given in an abbreviated form. It states that it is
presumed that the Gaol was heretofore kept and the Assizes and
Sessions were held at the Castle of Appleby and continued to be so
held till about the reign of Charles II, and in 1641 there being a garrison
at the Castle no Sessions were held there. After which a Gaol and
Court House were erected at the instigation or expense of the Countess
of Pembroke as Hereditary Sheriff of Westmorland. And it further
appears by the Session Books that between the years 1672 and 1727
various orders were made at the Sessions for viewing, repairing and
raising money for the repairs of the Gaol, to wit, in 1672, 1690, 1691,
1693, 1701, 1709, 1710, 1714, 1720, 1721, 1722 and 1727. It also
appears by the Corporation Books that a Gaol Rent of 6d. per annum
from 1699 to 1700 is accounted for by the Chamberlains and since has
been constantly accounted for by the County. Both the Gaol and
Court House are now much out of repair and the Gaol was at the last
Assizes presented by the Grand Jury as wanting a thorough repair
and that the inhabitants of the county ought to repair the same. It is
imagined by some that the Gaol belongs to the Sheriff and as the
present Earl of Thanet claims to be Hereditary Sheriff of Westmorland
he ought to repair the same, and that repairs having been done to it
by the inhabitants should not be construed so as to take the
repairs upon them or that such Sheriff should be thereby exonerated
therefrom. However probable it may be that the Hereditary Sheriff
may have formerly been at the charge of supporting the County Gaol
yet after the acquiesence of the County in a multitude of instances
from the year 1672 we think it now too late for the County to controvert the question with the Earl of Thanet and that they ought to
submit to the presentment and repair or rebuild the Gaol.
The Court having received the above opinion of Counsel, although
convinced that the Sheriff ought to maintain the Gaol without any
expense to the County, yet fearing that the long continued repairs
done by the inhabitants through mistake or inadventure will be such
evidence against the County as will be too difficult to overcome, and
though unwilling to lay any burthen on the inhabitants which could
be avoided yet the Court under the circumstances deems it most
prudent to agree with the opinion and submit to the presentment.
When the Indictment came up before the Assizes on 15 August,
1765, the Judge allowed the Justices until the 1st of August, 1767, to
repair or rebuild the gaol under a penalty of £500; and at the same
time he recommended that a proper Court House should be provided,
the present building being unfit for the administration of Justice.
On 7 October, 1765, the Justices came to the opinion that the present
gaol could not be repaired effectually, that the situation was an
improper one for the confinement of prisoners with safety and
humanity and that in order to relieve the burthen of expense they
agreed to ask for voluntary subscriptions of such gentlemen as should
be willing to contribute to so useful a work.
On 2 November the Court ordered Robert Fothergill, surveyor, to
measure the ground on which the House of Correction stood with the
gardens and also as much ground as it was thought might be reasonably
spared from the highway, for the new building. But when the plans
were laid before the Court on 13 January the ground was not considered
sufficient and the Justices decided to apply to Sir James Lowther if
he would be pleased to sell to the County a piece of his land. Nothing,
however, appears to have been done for the space of four years until
on 4 November, 1769, after a discussion on several alternative sites,
the Court decided to accept of ground at Howgate Foot from Sir
James on a lease of 999 years at a yearly rent of thirty-five shillings.
They further issued an order that estimates should be prepared
according to the plan marked No. 5, and that the building should be
completed by 24 June, 1771.
On 5 August, 1773, it was resolved that the New Gaol be continued
for the use of debtors; that another necessary house be erected and
and added thereto on the opposite side and that four convenient
arched cells should be erected at the top of the yard. Sir James
Lowther having offered to accommodate the County with sufficient
land for the erection of a Shire Hall adjoining to the south side of the
new gaol, it was resolved to accept his generous offer and that a new
Shire Hall should be built thereon. It appearing to the Court that
the Hall when built might also answer the purposes of a Moot Hall
for the use of the Borough, it was ordered that the Clerk of the Peace
should wait upon the Mayor to know whether it would be agreeable
to the Corporation to have a free use of the Hall, excepting during such
time as the Assizes or Sessions were sitting, and join with the County
in a proportionable expense of the building.
On 11 February, 1813, it was ordered that the plan of Francis
Webster for the addition of a room for witnesses be adopted and that
a chapel be added to the same. Further that his plan for a House of
Correction connected with the gaol be adopted and that a house for the
Keeper be added thereto if required. Again on 28 April it was ordered
that an additional room should be built above stairs over the Record
Room for the like purpose of containing the Records of the County.
On 12 July, 1824, the magistrates agreed to the improvements to the
gaol and House of Correction, as shown on Mr. Webster's plan, and
ordered the Clerk of the Peace to advertise for tenders and borrow
£1500 upon the credit of the County Rates for the purpose of carrying
the same into effect.
Notwithstanding a former resolution passed on 7 November, 1823,
that prison labour should be of a productive nature and that therefore
treadmills were not adapted to small gaols where there is no grinding
of corn to be done; yet on 9 January, 1835, the contractors were paid
£384. 16. 3d for erecting a treadmill; George Robinson the Bridge Master £14. 12s. 0d. for drawing the plans, and Mrs. Herd £3 for damage
to her garden in laying the pipes to the river for conveying water to it.
Here is the official routine for hard labour. "At 6–0 in the morning
the prisoners commence work at the Mill and remain there till 8–0;
half an hour is allowed for breakfast and from 8–30 till 9–0 they work
at the Mill; from 9–0 to 9–20 they are at Chapel and then at the Mill
till 12–0; one hour is allowed for dinner and from 1–0 till 5–30 they are
upon the Mill; they then attend Chapel for one quarter of an hour and
are again placed upon the Mill till lock-up time which is at 7 o'clock."
On 3 July, 1835, the Gaoler reports "the Treadmill continues to have
the best possible effect on all, every one committed during last quarter
have paid their fines rather than continue on the Treadwheel." The
inhumanity of it! Even as late as 12 April, 1844, there was no brake
upon the wheel, so that a resolution had to be passed ordering a brake
"as will ensure the safety of the prisoners."
The building ceased to be used as a Gaol in 1879.