Boon services of all kinds were common in all the manors along what is known as the eastern fell side—the base of Cross Fell, and north and south thereof. Before they were enfranchised by Sir Michael le Fleming, the tenants of Skirwith had to supply such boons as reaping, mowing, ploughing, harrowing, carrying coals, and spinning a stipulated number of hanks of yarn. Up to the latter half of last century each tenant of the manor of Threlkeld was obliged to find half a draught for one day’s ploughing; give one day mowing, one day shearing, one day clipping, and one day salving sheep; one carriage load once in two years, but not to go above ten miles; and to dig and lead two loads of peats every year, the tenants to have sufficient meat and drink when they performed these services. The cottagers were to perform the same services, only instead of half a plough they were to find one horse with a harrow, and a footman instead of a carriage load. The tenants were also bound to the lord’s mill, pay the fortieth corn, and to maintain the wall and thatch of the mill. The tenants had house-boot (wood for repairing their houses) as set out by the lord’s bailiff; peats, turves, ling, whins, limestone, and marl, with stones and slate for building. About 1764, half the tenants bought off these services at a cost of five guineas each, the mill service only excepted. The tenements paid twopence each yearly as greenhue rent, an impost which was once a common payment by Cumberland and Westmorland manorial tenants; along with it in the Eskdale and Mitredale manors of the Earls of Egremont was a due called “door-toll.” What may have been the origin of the latter seems to be now unknown.
At Parsonby, near Aspatria, the tenants had to give to the parson each one boon day yearly at reaping. In the neighbouring parish of Blennerhasset the tenants, besides being subjected to heriots, each provided one day at mowing, shearing, ploughing, and meadows dressing, and two days leading coals. Higher up the fells the score of tenants at High Ireby and Ruthwaite, under Mr. Fletcher, had to give one day a year, or pay threepence; one would suppose the most economical alternative was to pay cash. At Egremont the burgesses who had ploughs were obliged to till the lord’s demesne one day in the year, but every burgess was required to find a reaper. In one of the manors of the parish of Wetheral, the tenants, in addition to their monetary payments, had to render to the Aglionby family, of Nunnery, boon days shearing and leading corn, with a certain quantity of oats called foster oats, six pecks being equal to four of Carlisle measure. Various attempts have been made within recent years to ascertain definitely what was the origin and meaning of the term. Nicolson says it was “perhaps heretofore for the use of the foresters, this part being within the forest of Inglewood.” That this was probable is also shown by a rule which existed in the barony of Greystoke, which was held of the King in capite by the service of one entire barony, rendering £4 yearly at the fairs of Carlisle, suit at the County Court monthly, and serving the King in person against Scotland. The lord’s tenants, of whom there were some hundreds early in this century, had to pay “a 20d. fine on the death of lord or tenant, and a 30d. fine upon alienation; also to pay foster rents, foster corn, mill rents, greenhue, peat silver, and boons for mowing and leading peats.”
There are many curious regulations bearing upon local tenures, but there is not lacking evidence that some of a still more noteworthy character have either been allowed to drop out of recognition, or the duties have been compounded for. Silver-penny fines are still enforced occasionally. In Mr. J. E. Hasell’s manor of Dacre, when a mortgagee of real estate is admitted to the court roll, he has to pay a fine of a silver penny for each. Heriots is a manorial impost about which some curious information has at various times been published. Many lords of manors and landlords have during the last half century allowed many of their rights in this direction to drop, while others have put on small money payments in lieu both of heriots and services. All customary property in the barony of Greystoke, except in the manor of Watermillock, is subject to heriots.
A curious custom obtains in Mr. H. C. Howard’s manor of Newbiggin (Dacre), as shown by a case which arose about thirty years ago. A married woman, seized in fee of customary lands, died, leaving a husband and child. The query was raised whether the husband was entitled to the estate for his own life “as tenant by the curtesy.” It was decided that by the custom of the manor, there being no will, the child or heir at law of a deceased married woman should take the property absolutely, to the exclusion of the husband. In the adjoining manor of Barton there is another interesting rule. A Pooley Bridge man, who held certain property of the manor by payment of a rent of a shilling per annum, died intestate and a bachelor. His nearest relatives were two nieces, daughters of a deceased brother. The question was asked whether the two women would be co-heiresses, as in some other manors, but the eldest was found to take all, to the exclusion of her sister. The custom of the manor of Inglewood is to the same effect, the eldest daughter, sister, or other female descendant inheriting.
A question arose some forty-five years ago as to a peculiar custom existing in the barony of Greystoke. Mr. William Bleaymire, the then steward, stated that by custom of that barony a customary tenant might convey such tenement without concurrence of his wife, as no widow was entitled to free bench in lands disposed of by her husband in his lifetime, he not dying seized thereof. Three or four years later a very similar question arose in the manor of Glassonby, the particular point being whether an owner could devise his customary land to his children so as to deprive his wife (to whom he was married prior to 1834) of her dower or free bench therein. The late Mr. Lawrence Harrison, the steward of the manor, decided that “the man dies seized of the customary tenement; therefore, notwithstanding his will, she is entitled to free bench according to the custom. The Dower Act in nowise affects the custom.” It is a well-known fact that the manorial customs in one village may be exactly contrary to those obtaining in an adjoining one. In some manors daughters are practically unnoticed, and in this connection an interesting point connected with the manor of Watermillock once came up. Mr. Bleaymire decided that an eldest daughter would be entitled to certain property in that manor, subject to her mother’s free bench, which was one half.
A fruitful source of litigation, and of disputes of a less costly character, may be found in the demands made even in quite recent times, that purchasers should personally attend the Manorial Court in order to have admittance. In some local cases such attendance is rigidly enforced, but in others—the manor of Edenhall for instance—the purchaser is admitted on production of deed of bargain and sale. The law books contain many cases in which this point has been stubbornly fought. In the manor of Cumwhitton no admittances are granted, but the property passes by deed of bargain and sale with the licence of the steward endorsed on the deed, and a simple enrolment of the purchaser. In the manors of Morland, Plumpton, and Croglin, the parties seeking to be admitted must attend in person or by attorney.
In the manor of Renwick, by an indenture mutually agreed upon in 1676, the tenants, in addition to a variety of financial payments, were obliged to scour and cleanse the water course to the lord’s mill from the bottom up to the mill trough head, and maintain the mill with wall and thatch; bring millstones thereto, and grind their corn thereat, paying a twenty-fourth multure. They were entitled to such house-boot as the steward might be pleased to allot. Some of the mills were of considerable value, a fact which will be readily understood when it is remembered how tenaciously lords of manors clung to the right almost down to our own time. The lord of Drigg had a mill, to which, as was so frequently the case, the tenants were bound. In these days, fortunately, this and other requirements are not enforced. The same manor had flotsam, jetsam, and lagan, “and so it was adjudged upon a trial at bar between Henry, Earl of Northumberland, and Sir Nicholas Curwen in Queen Elizabeth’s time, and afterwards a decree in Chancery for conforming the said prescription and securing that right to the sea against the lord paramount.”
The rector of Caldbeck is, or was, entitled to claim a God’s penny upon the change of tenant by death, in his manor in the lower part of the parish. Multure (“mooter”) was formerly a common form of tax in Cumberland; very many instances of its imposition by lords of manors might be quoted, but sometimes it extended to the markets. The following is a copy of a bill relating to a revolt on the part of the inhabitants of Cockermouth, but the writer has not been able to discover to what extent, and whether immediately, the residents in the old borough succeeded in their protest:—
COCKERMOUTH TOLLS.
At a Meeting of the Inhabitants of Cockermouth, holden at the Court House, on Saturday the 13th Instant, to take into consideration the unjust and illegal manner in which