The long period during which the holders of the Sheriffwick held the privilege is the more remarkable—as Sir G. Duckett, Bart., reminded the northern archæologists in 1879—because of the way in which ancient grants and statutes have in almost all cases become a dead letter and obsolete.
A singular incident in connection with the Sheriffwick happened about seventy years ago, and is recorded in the life of Baron Alderson, father of the Marchioness of Salisbury. The Baron went to Appleby to hold the half-yearly assizes, but on arriving there found that he could not carry out his work because Lord Thanet was in France, and had omitted to send the documents for obtaining juries. The Judge had therefore to spend his time as best he could for several days, until a messenger could see the High Sheriff in Paris and obtain the necessary papers.
When the eleventh and last Earl of Thanet died in June, 1849, the male line of the family ceased, the estates passing by will to Sir Richard Tufton, father of the present Lord Hothfield. The office of Hereditary High Sheriff was claimed by the Rev. Charles Henry Barham, of Trecwn, nephew of the Earl, but a question arising as to the validity of a devise of the office, Mr. Barham relinquished his claim in favour of the Crown. An Act was afterwards passed—in July, 1850—making the Shrievalty in Westmorland the same as in other counties.
Watch and Ward.
The geographical position of the two counties rendered an extensive system of watching essential for the safety of the residents. In the northern parts of Cumberland, along the Border, this was particularly the case; but there watch and ward was more of a military character than was necessary elsewhere, while as it was a part of the national defence it passed into the care of the Government for the time being. From the necessity for “watching and warding” against the northern incursions, came the name of the divisions of the two counties. Cumberland had for centuries five wards; more recently for purposes of local government these were increased to seven; and Westmorland also has four wards.
The regulations of the barony of Gilsland, in a manuscript volume belonging to the Earl of Lonsdale, are very explicit as to what was required of the tenants in the way of Border service. These stipulated for good horses, efficient armour and weapons for the bailiffs, and a rigid supervision of those of lower rank. The tenants’ nags were ordered to be “able at anye tyme to beare a manne twentie or four-and-twentie houres without a baite, or at the leaste is able sufficientlye to beare a manne twentie miles within Scotlande and backe againe withoute a baite.” Every tenant, moreover, had to provide himself with “a jacke, steale-cape, sworde, bowe, or speare, such weapons as shall be thought meatest for him to weare by the seyght of the baylife where he dwelleth or by the land-serjeante.” The rules as to the watch required that every tenant should keep his night watch as he should be appointed by the bailiff, the tenant breaking his watch forfeiting two shillings, which in those days was a formidable amount. The tenants had to go to their watch before ten o’clock, and not to return to a house till after cock-crow; they were also required to call twice to all their neighbours within their watches, once about midnight, and “ones after the cockes have crowen.”
Detailed instructions were drawn up for the guidance of the men during their watches. These were even less emphatic, however, than those which referred to the maintenance and keeping of the beacons, of which fourteen public ones (including Penrith and Skiddaw) are named in Nicolson and Burn’s History. Modernising the spelling, one of the paragraphs runs as follows:—
“The watchers of a windy night shall watch well of beacons, because in a wind the fray cannot be heard, and therefore it is ordered that of a windy night (if a fray rise) beacons shall be burnt in every lordship by the watchers. One watcher shall keep the beacon burning and the other make speed to the next warner, to warn all the lordships, and so to set forwards. And if the watchers through their own default do not see the beacons burn, or do not burn their own beacons, as appointed, they shall each forfeit two shillings. If the warners have sufficient warning by the watchers, and do not warn all within their warning with great speed, if any fault be proved of the warner he shall forfeit 18d.”