The long-since dismantled Abbey of Lanercost had its origin in a tragedy. Gils Beuth laid claim to a part of Gilsland, and Robert de Vallibus, lord of Gilsland, slew him at a meeting for agreement appointed between them under trust and assurance of safety. In consequence of that action Vallibus laid down arms and began to study law with such good effect that in time he became a judge. The murder still preyed on his mind until he made satisfaction to Mother Church by building Lanercost Abbey, and endowing it with the very lands which had brought about the murder.
Dr. Burn in one instance shows that not only were people allowed “the option,” in some cases, but that the money was put to good use. A silver communion chalice belonging to Beetham Parish Church “was purchased by the late Commissary Stratford with money paid in commutation of penance for adultery and fornication;” its inscription being “Ob Pœn. Mulct. Dedicat. Huic. Ecclesiæ, 1716.” Slanderers had occasionally to pay not only a monetary penalty for the free use of their tongues, but to satisfy the ecclesiastical authorities as well. Chancellor Paley had such a case before him in November, 1789, where a man had “uttered words of a shameful nature and unbecoming a Christian, in prejudice to the complainant and his daughter.” The Chancellor “decreed the defendant to do public penance in the parish church, and to be condemned in all costs.” The Pacquet which thus records the decision, is silent as to the method in which the punishment was carried out. Penance in connection with illegitimacy was not uncommon; therefore the following entry which occurs in the Kirby Thore register, dated June 27th, 1779, after the baptism of an illegitimate child, must be taken only as an example: “William Bowness, of Bolton B[achelor]: Frances Spooner, widow, of this Parish, the parents, underwent a public penance in this church.”
The Millom records under date March 27th, 1595, say that Jenet Benson was “to be sorye for her sins by order of Mr. Commissorye at Botle;” and in 1608 “Barnard Benson did his penance in the parishe chirche of Millom the 19th of March and payed to the poor of the chirche xs. which was openly delivered in the pulpit, vis. viiid. at Millom and iiis. ivd. at Ulfall.” The Bensons would seem to have been a troublesome lot, for another entry is that “Myles Benson pd xiid. for sleepinge and not goinge orderly to church.” The wardens at that time could fine any parishioners a shilling for neglecting to attend church. Insults to the clergy were visited with such punishments as could be imposed, and the doing of penance was perhaps the most suitable consequence of such an action. This paragraph appears in the Greystoke register:—“1608/9 February 12th. This daye two Sermons by Mr. P’son one afforenone, and the other afternone, and Edward Dawson taylyor did openlye conffess before the Congregation that he had abused the mynister Sr. Matthew Gibson upon the Sabboth daye at Evenynge prayer.” Sacrilege has always been very properly looked upon as one of the worst crimes, but instances must be comparatively rare of an estate being forfeited through such an act. Barwise Hall, near Appleby, descended from the family of Berewyse to that of Ross, and the last of these is said to have forfeited his domain for stealing a silver chalice out of the church.
Before the privilege was abolished by Parliament in the reign of James the First, there were several places in the two counties at which sanctuary could be obtained. One was at Ravenstonedale. The Rev. W. Nicholls, Dr. Simpson, Mr. A. Fothergill, the Rev. R. W. Metcalfe, and others have brought the history of that parish to an unusually complete stage, and the first-named gentleman has told the story.[11] The tower, according to tradition—the structure was demolished about a century and a half ago—stood apart from the church, on the road side, and rested on pillars, leaving openings at equal distances on each side, while from the centre hung the rope of the refuge bell. Any person who had committed any offence worthy of death—once a very easy matter, there being many such crimes besides murder—after ringing the bell could not be seized by the Sheriff or any other King’s officer, but must be tried by the lord’s Court at Ravenstonedale, which doubtless at first consisted of the monks. Mr. Fothergill recorded that in his time if a murderer fled to the church and tolled the holy bell, he was free, and that if a stranger came within the precincts of the manor he was safe from the pursuer. He added:—“Of our own knowledge, and within our own memory, no felon, though a murderer, was to be carried out of the parish for trial, and one Holme, a murderer, lived and died in Ravenstonedale; his posterity continued there for two generations, when the family became extinct.” Some doubt has been thrown on the local tradition that the privilege of sanctuary was possessed by the Nunnery, on the banks of the Eden, in Ainstable parish. There is still an upright pillar, having on one side of it a cross, round which is inscribed “Sanctuarium, 1088.” There is also near to Greystoke Church what is called a sanctuary stone.
In the Museum at Kendal is preserved a good specimen of the scolds’ bridle, which may have come down from the days, three centuries ago, when the Corporation set about reforming the conduct of the inhabitants. The contents of the “Boke of Recorde” are very interesting in this connection. Gambling in its varied forms was put down rigorously. It was ordered that any inhabitant allowing any play at cards, dice tables, bowls, or any other unlawful game should be fined for the first offence 6s. 8d., and for the second offence 13s. 4d., while the players escaped with half those penalties. These and other fines which were provided for were “over and beside such other punishment as shall be thought mete and requisite according to the quality of the offence.”
Among the punishments provided for may be noted the following as a specimen, there being several of the kind. Henry Wilson, a burgess and Justice of the Peace for the borough, having been living incontinently with Jennet Eskrigge, a married woman, “as is notoriouslye knowen to the sclannder and offence of the magistrats off the sayd boroughe, and evil example of the residewe off the inhabitannts heare, wherbye he is thoughte nott mete to contynewe in the sayd roweme and offyce,” it was ordered that he should be expelled from his offices. As to the woman, it was decreed that she should be carted through the town, “to the terror and fear of other persons of evil disposition for the committing of the like offence in time to come,” and she was not to be permitted to remain within the borough unless she was reconciled to and dwelt with her husband. The punishment did not act as a warning to the woman, and further orders are to be found in the minute-book showing how she was made liable to heavy fines and forbidden to enter the town “otherwise than as a stranger coming to the church or market only,” while the inhabitants who gave her shelter were liable to fines of ten shillings each.
There is a very long and verbose order passed by the Corporation in December, 1589:—“For punishinge of a mayd servant for speakinge slanderouse speeches of her master.” They found that “Mabel Atkinson, late servant unto Mr. Henry Dickson, and Sybell Dyckson, his wife, inhabitants of this borough, forgetting her duty to Almighty God and the fear and awe she ought to have had to the threatening menaces and punishments pronounced out of His Holy Word and Commandments against such persons as shall openly or privily unjustly slander, hurt, or impair their neighbours in body, goods, name or report, and also that servile regard and honest, and true favour and love she ought to have borne towards her said master and mistress in all manner of behaviours and reports by the instigation of our mortal enemy the Devil, the author of all falsehood and lying, hath of late, even within this borough of Kirkbiekendall, most maliciously, falsely, and untruly imposed, devised, framed, and brought a very horrible, unjust, and feigned slander and misreport of and against her master and mistress.”
The punishment is worth describing in full, but the following extract will suffice as a specimen of the whole order thereon:—“For condign punishment in this behalf and for a terror and fear to be wrought in all others for committing the like offence, it is ordained and constituted that Mabel Atkinson shall be attached and taken on Monday, in the morning, next, by the two Serjeants at Mace and ministers of this borough, where and in what place she may be found, and shall forthwith be had, carried, and conveyed unto the common prison or ward of the same borough, and there shall remain and continue without any bail or delivery until Thursday then next following, in the afternoon, having only for diet every day in the meanwhile one slender and spare repast of meat and drink, and only two coverlets nightly to lie in, at which time on the said Thursday, in the afternoon, being openly called forth of prison to the bar in the Mootehall of the same borough, if she will and do in very penitent, humble, and sorrowful manner, unfeignedly and truly upon her knees, in the open presence of the people then and there assembled, and before her said master and mistress, ask and pray at God His hands mercy and forgiveness for her said false and untrue report and slander, and pardon also of her said master and mistress for the said offence, then she to be delivered out of the said prison or ward, paying such fees and duties as may appertain, and if she shall the same refuse, in whole or part, or in doing the same not performing it with such true penitence as in such case is requisite, and as all the people assembled may and shall therewith be fully satisfied and resolved, that she be banished from being, tarrying, or remaining within this borough, or the liberties or precincts of the same, for and by the space of one whole year then next coming, and that no person or persons during the same year shall take her into service or suffer her to dwell in house under or with any such person or persons (except it be in lawful wedlock) upon pain to lose and forfeit to, and for the common use of all the inhabitants of the same for every month as much as ten shillings, to be levied as above.”
The poor drunkards met with none too considerate treatment from the justices of the time. Here is a curious “Order against common drunkards, how to be punished, and for common scolds”:—“Whereas sundry persons inhabiting this borough and others (of their insatiable minds without any regard to common honesty, modesty, or fear of God, or His severe punishment either in this life or the life to come) do give up their bodies (which Almighty God hath ordained to honour) unto all manner of dishonour and dissolute kind of life in quaffing immoderate and superfluous devouring of strong ale at very many needless and unfit times, continuing the same most foul and detestable vice so long till at length they be so far overtaken and gone that they become beast-like and insensible, without reason or any good understanding (besides the great loss of time and waste of their goods, and miserable want of their families at home, and their own beggaring at length, and lamentable grief to all other good Christians, their neighbours, detesting and loathing that vice) for redress whereof and preventing of sundry mischiefs which else might happen by this occasion (besides great danger to their souls) if the same enormity should not in time be speedily foreseen; it is therefore ordained and constituted by the Aldermen and burgesses of this borough that at all times hereafter when and so often as any person or persons whatsoever shall be seen or known ... to have been or at any time to be so far overtaken, besotted or drunken with immeasurable devouring of strong drink that then it shall be lawful to or for any Alderman, Justice, or Alderman’s Deputy all and every such misordered person and persons to cause to be imprisoned within the same borough, there to remain at such diet and during the pleasure of him that committed him, to the end thereby to reclaim and warn every one of them from lewdness and detestable offences of drinking; and also that every such magistrate aforesaid shall or may commit and command to be set on the cuckstool every common scold, railer, or of notorious misdemeanour, at the like pleasure of the Commander or Magistrate.”
The turning of Thirlmere into a huge reservoir, and the necessary increase of its depth, hid for ever a number of land-marks. There are, however, numerous others of an interesting character left. A reminder of the days when the manorial lord was a king in a small way is supplied by the Steading Stone. This is supposed to mark the site where the manor court of Wythburn was held, and its pains and penalties imposed. The Rev. S. Barber has supplied[12] an explanation of a term which has puzzled many a tourist as well as not a few dwellers in Lakeland:—“The City, as has been suggested by one who is no mean scholar, is neither more nor less than a corruption of ‘Sitting,’ that is, the place of session of the early judges, when they met to adjudicate in criminal cases. We can then picture the white bearded patriarchs seated in solemn conclave upon the semi-circle of boulders facing the central rock, and after the giving of sentence sternly watching the miserable captive led away to be decapitated on that very rock, before the assembled witnesses.”