The vale of Lyvennet

by John Salkeld Bland

Sir Richard Lowther gave his tenants of Maulds Meaburn their choice to hold their tenancies after the customs of any one of a certain number of manors. They chose Ravenstonedale, then under Philip, Lord Wharton, and the copy of an indenture made between Philip, Lord Wharton, and his tenants in the 3rd and 4th of Philip and Mary and also in the 22nd of Elizabeth was to stand as an indenture between Richard Lowther and his tenants of Maulds Meaburn. Sir Richard Lowther, during his life, gave the manor to his eldest son, Christopher, and he also confirmed the indenture; but when he came into possession he was so heavy in his exaction of service from his tenants that they refused in many cases to comply, alleging that such was not the custom in Ravenstonedale, nor named in the indenture. The consequence was an appeal to some court of law.[13]

The land at that time was for the most part unenclosed, and was known as Oxgang, Demain and Improved Lands, or lands enclosed. The most important of the last were the Cow Pasture and the Ox Close; the latter had been enclosed sixty years previous to this period, and contained about 100 acres. The Cow Pasture, 250 acres; they were both used as common pasture. Another large enclosure was the Park, at that time fenced half way round with a wall of stone, and the other half with quickset hedge. Dryevers, Mires, Flass, Garth and others were enclosed about thirty years previously. For these improved lands the lord demands 12d. an acre and eight years fine; the tenants refuse, and it is proved that such were laid on in his father's time, and the Demain lands were raised 13s. 4d. in lieu. Then again he wishes the tenants of all lands that were Demain to pay eight years fine. In this he is defeated, it being ordered that they were to enjoy them for one year's fine, on account of having compounded with his father, and paying £500 and so having the customs alleviated.

According to the relation of John Lambe of Kirkby Stephen, aged ninety years, there were, when he lived at Maulds Meaburn, sixty years before, seventy-four oxgangs of land (the oxgang land was the greatest portion), and that then, and in the time of his father, the tenants paid 5s. for each oxgang as rent due to the lord yearly, paid at Pentecost and St. Martin's, and 7d. likewise as a mylne ferme, in respect of grinding corn; for this reason, their moulter was very light, only one peck of meal for ten bushels, and also the same for every ten bushels of shillings. The Demain lands also paid the same.

This Christopher denies, claims the 7d. as part of the rent, and that they ought to pay moulter after the rate his witnesses say is done in Ravenstonedale, namely, for all corn ground at the lord's mylne, except oats, they pay the 30th part of corn unground, and one 30th part in meal after being ground, and for shilling oats one 13th part for shilling and for making groats of the same one 30th part and for grinding the same into meal one 30th part. The tenants refuse, and the miller, at the command of Mr. Lowther, refuses to grind; so they carry to the neighbouring mills of Barnskew, Crosby, King's Meaburn and Rutter, at the same time saying they are not compelled to grind at his mill at any rate, except for a certain portion of land. This rouses his anger considerably, and he reminds his oxgang tenants that it is their duty to keep in repair the millstones, wheels, hopper, and race pertaining to the mill. The case was brought before the Queen's Counsellors at York, and it was ordered that suit be done to Mr. Lowther's mill only for 154 acres and 32 perches of the oxgang land; that for oats only are they bound to Mr. Lowther's mill; and for all other grain they can go where they will. This order is dated 31 Queen Eliz., 1589, and as affirmed, was publicly read to and served upon about thirty of the wayward tenants on Meaburn Green, hard by The Crosse thereupon; but they were either not there, or being a stubborn set, heeded it not; for Mr. Lowther's mill was still deserted; law was again referred to, and from the evidence given there were various infringements of the order; amongst the rest Thomas Kitchen of Wickerslack borrowed a peck of big of a neighbour, and got half of it ground at Crosby and the other half at Barnskew. However, to set all right a commission was ordered to set out the 154 acres, 32 perches. After much difficulty it was settled and a list drawn out of the occupiers, areas and names of the lands where each piece was situated. They are scattered all over the township, each tenant having a portion, and curiously enough the names are those retained by fields at the present day, with scarcely any alteration.

Mr. Lowther requires a general fine of one year's rent on the change of the lord, in lieu of which it is agreed: The tenants to pay 100 nobles on St. Peter's or Lammas next at the Feast of Pentecost, if Christopher Lowther and his brother Jerrard will be bound that it shall not be changed for eight years after October 11th, 1592. He next wishes to have imposed a running fine or gressome, which in Ravenstonedale is £12 15s. 5d., paid by a certain number of the ancient customary or oxgang tenants every seven years. The tenants of Oxgang land had to pay 25s. 8d. as boon rent yearly, and those of the Demain; after the rent they took their tenements with or without boon. The lord demandeth boon days over and beside, but in this case is defeated.

Another complaint is that the tenants do not comply with the following custom in Ravenstonedale, namely: If the lord or his officers cause a tree to be felled on any man's tenement, whoever gets the tree has to pay 2d. to the tenants, who also had the top, and was bound to fence up the gap or stoven till it was out of harm from cattle; if he neglected this, he had to pay 6d. to the lord for each stoven not fenced up. Also each tenant had to plant three ashes on his tenement each year, and two for every tree felled, for the increase of wood. Some of these demands, however, he could not succeed in having fulfilled.

Another grief is that the Demain tenants have unlawfully felled scores of ash trees in the park, and spoiled the coppice or young wood for spring. The tenants say it grew on part of their own tenements, and if they had gone beyond bounds, they had been cleared at the late court.

Another service disputed was the carrying of coals. The tenants of Maulds Meaburn had to carry sixty horseloads, every and each horseload containing two bushels after the measure used at the pit; they had to bring them from wherever Mr. Lowther chose to buy them, which was on Stanemore, and to carry them to his residence, which was at Lowther. They had to give notice to Mr. Lowther, each when he was going to bring his share, and Mr. Lowther was bound to pay the bringer the price he paid for them at the pit. Christopher complains that they do not bring their yearly suit, and are behindhand for the last year, twenty-five bushels. The tenants say he refused to pay them for the coals they brought. To remedy this Mr. Lowther has to pay for the coals at the pit first, which if not done, the tenants shall not be obliged to carry them.

Another grief is that Mr. Lowther had felled trees in the park, and wished the tenants to spring and fence; this they refused to do, and even pulled down the fences there were, and thus it remained for some time. It was finally concluded by a commission being sent to set out what ought to be springed. The first part was the lower part of the park, next the Lyvennet, which was to be cut and then well fenced for seven years. The next portion is the north part of the park, which was to be cut at the lord's pleasure, and then fenced as spring for seven years. The next was the south corner of the park, to be cut, also at the pleasure of the lord, and then fenced for seven years; but only one of the three parts to be fenced at one time, and at any time after these springs have had sixteen years growth. Mr. Lowther or his heirs may cut down the hazel and birks at twenty-one years growth, and the ashes at thirty years growth; it was also ordered that the tenants should fence the first, as their cattle were most likely to have the grass, Mr. Lowther being resident at a distance, but who was to fence the other two was not decided.