Part 7

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."

Life in the old gaols for any extended period must have been a very dreadful experience. The buildings were generally crowded; that they would be in a perpetually insanitary condition goes without saying, and gaol fevers were frequent. The prisoners were not treated any better in the local gaols than in other places. They were chiefly dependent on the charity of outsiders for subsistence, and the old Carlisle and Whitehaven newspapers contain hundreds of paragraphs recording the gratitude of the prisoners to the local gentry for gifts of from £1 to £20. In these days when it is unlawful to send any tobacco or liquors into a prison, the reader notes with particular interest the announcements of presents of barrels of ale, prayer-books, bread, coals, and other articles to the debtors, as well as to those who had been convicted of serious offences.

Those, too, were "the hanging days." Note the items in this concise report of Carlisle Assizes in August, 1790:--"On Friday afternoon the Judges were met at the usual place, near Carlisle, by Wm. Brown, High Sheriff of the county, attended by a most respectable and numerous company of gentlemen, in carriages and on horseback. On their arrival in the city, their lordships proceeded to the Hall, where His Majesty's Commission being opened in due form, the Courts were adjourned to eight o'clock the next morning--when the business of assize proceeded. The Hon. Sir John Wilson at the Crown End; and the Hon. Sir Alex. Thomson, in the court of _nisi prius_. When our account left Carlisle, Wm. Bleddy, for breaking open the shop of Miss Crossthwaite, at Keswick; and John Thompson, for horse stealing, were found guilty--death. Bella Ramsay, for stealing wearing apparel, to be transported. Leonard Falshea, for stealing six sheep, found guilty--death, but ordered for transportation. Ann Wilson and Elizabeth White, for stealing a purse, etc., to be transported."

There are no stocks standing now on the village greens of Cumberland and Westmorland, but in Tullie House Museum, Carlisle, are local examples of both pillory and stocks. Among the records of Greystoke, some seventy years ago, it was stated that the village then possessed a neat cross, "the stones of which remain piled together, and also the foot-stocks for the punishment of evil doers." Whipping in public was so general in most towns as to occasion no great amount of notice, and often the punishment must have seemed out of all proportion to the offence. Thus at the assizes of 1790, just mentioned, Walter Smith, who was convicted of stealing a game-cock, was sentenced to be imprisoned six months and publicly whipped in Whitehaven.

There is a tradition among some of the old folks of Penrith that the holes at the top of the ancient cross, known as the Giant's Thumb, in the churchyard, were at one time used for a pillory. The only authority for the assertion seems to have been the late Mr. William Grisenthwaite, builder, who had quite a store of local traditions. It was on his statement that Mr. George Watson included the information in his "Notabilia of Old Penrith." Mr. Grisenthwaite said the last time the cross was used for that corrective purpose was for the whipping of a young woman, who died of a broken heart in consequence of her shameful exposure. It is but fair to say that other old people of great intelligence declare that they never heard of such an event, and that they do not believe it. Moreover, Penrith possessed stocks, and doubtless a pillory also, not far from where the Monument now stands; hence the statement as to the Thumb being put to such a secular purpose as being used for a whipping-post is greatly in need of confirmation. The stocks at Penrith had not ceased to be used in 1781, having been repaired by Thomas Langhorne in that year, at a cost of £1 14s. Those at Ravenstonedale stood outside the churchyard wall, and near the Grammar School. The stocks at Orton were near the church gate; those at St. Michael's, Appleby, at Bongate Cross. An iron, with the letters "R. V. T." ("rogue, vagabond, thief"), was attached to the dock in the Crown Court at Appleby, until the Shire Hall was improved about 1848.

It is recorded that whipping was formerly practised in Appleby to a considerable extent. On October 26th, 1743, it was ordered by the Mayor and Aldermen that the stocks and pillory, then opposite to the house which had recently belonged to a person named Knotts, should be immediately removed to the end of the open Hall, facing the Low Cross, "that being deemed the proper place for the same, and that there be a whipping-post, and a convenient place for burning criminals in the hand, erected there also." The late Mr. M. Cussons, shortly before his death early this year, told the writer that he particularly remembered the stocks at Appleby. They were placed at the north end of the old Moot Hall, and were removed before 1835, in which year the Corporation fixed the present weighing machine on the site. The stocks were so placed that the culprit undergoing punishment had his back to the building, and faced the church. When they were last used has not been ascertained. There were stocks also at Bongate Cross, but these were removed about thirty years ago by the late Mr. Richardson, the Bongate parish clerk, and given by him to the late Mr. G. R. Thompson, Bongate Hall. From the Appleby Corporation records, Mr. W. Hewitson, Town Clerk, finds that in 1767 the grand jury set out to William Bewsher on a lease for 999 years a piece of ground on which to build a smith's shop, at the north corner of Bridge End, near where the ducking-stool stood.

The last person flogged through the Appleby streets was a man named Johnnie Copeland, a notorious character in his time. This happened about 1819. The crime for which he suffered this punishment was a criminal assault. Mrs. Jane Brunskill, Appleby, now in her ninetieth year, who was an eye witness of the punishment, informed the writer a few months ago that she remembered the occurrence perfectly. The offender was fastened by two ropes, placed round his body, one being held by a man who walked in front, and the other by a man walking behind the culprit. The punishment was inflicted by a prisoner under confinement in Appleby Gaol. They started from the High Cross and proceeded to the Gaol, the man being flogged all the way. This took place on a market day, and the streets were crowded. The governor of the gaol at that time was named James Bewsher, and he combined with that office the business of blacksmith, which he carried on in the premises already referred to as being near the place where the ducking-stool stood.

Dishonest workmen also got a taste of the lash occasionally, as witness this newspaper paragraph of January, 1789: "A fancy-weaver, belonging to Messrs. Foster and Sons' manufactory in Carlisle, was publicly whipped a few days ago, for stealing several of his masters' patterns, and sending them to a manufactory in Glasgow."

There is believed to have been no example of riding the stang in Cumberland or Westmorland during the last half century. Previously, however, it would seem to have been an unpleasantly frequent punishment. In the _Westmorland Gazette_ for December 19th, 1835, a long description was given of "the old but now almost neglected custom." In this case an Ambleside woman had left her husband and family, and gone with a married man to America. After an absence of eight months she returned, and, said the local journalistic chronicler of the period, "the young men of Ambleside, with that manly and proper spirit which ought to actuate the breast of every noble mind who values propriety of conduct, and that which is decent and of good report, on Monday procured, instead of a pole, a cart, in which were placed two of their companions, and accompanied by a party of both young and old, proceeded through the town repeating at certain places the following lines:--

'It is not for my part I _ride the stang_, But it is for the American----just come hame.'

The fun was continued to the amusement of hundreds for about an hour, but not being satisfied with one night's frolic, the same party, on Tuesday evening, procured an effigy of the frail lady, and after exhibiting it in every part of the town, publicly burnt it at the Market Cross, amidst the loud hurras of the assembled crowd who had met to witness the sight, and who took that opportunity of testifying their hatred and detestation of such base and abominable conduct as the parties had been guilty of."

Some Legends and Superstitions.

The title of this chapter sufficiently indicates that the legends and superstitions intended to be dealt with are far from including all which might be mentioned; indeed not a tithe of those which are still well known in the two counties can here be touched upon. Mr. Whitfield, M.P., in an address in West Cumberland over thirty years ago,[13] said that the superstitions in the Border country concerning fairies and brownies were more developed, and the belief in spells and enchantments more common than in many other parts of the country. The various circumstances attending the growth of those beliefs led to the conclusion that in the Middle Ages religion as then taught did not exercise any great influence on the Border. Though monasteries were founded on each side of the Border as some protection against the desolations of war, the English did not scruple to ravage the Scottish monasteries during an invasion, and the Scotch treated with corresponding violence the English foundations. At the time of the Reformation the Border was probably the most ignorant and barbarous district in England.

There is a pretty legend pertaining to St. Bees, which is supposed to have derived its name from St. Bega, an Irish nun, who came to Cumberland about the middle of the seventh century, and, with her sisters, was wrecked near to the headland. "In her distress she went to the Lady of Egremont Castle for relief, and obtained a place of residence at St. Bees. Afterwards she asked Lady Egremont to beg of her lord to build them a house, and they with others would lead a religious life together. With this the Lady Egremont was well pleased, and she asked the lord to grant them some land. The lord laughed at the lady, and said he would give them as much land as snow fell upon 'the next morning in Midsummer Day.' On the next morning he looked out from the castle towards the sea, and all the land for about three miles was covered with snow."[14]

Another tradition associated with West Cumberland is that at Kirksanton. There is a basin, or hollow, in the surface of the ground, assigned as a place where once stood a church that was swallowed up by the earth opening, and then closing over it bodily. It used to be believed by the country people that on Sunday mornings the bells could be heard far down in the earth, by the simple expedient of placing the ear to the ground. A very similar legend was, in a magazine in 1883, recorded of Fisherty Brow, Kirkby Lonsdale:--"There is a curious kind of natural hollow scooped out, where, ages ago, a church, parson, and congregation were swallowed up by the earth. Ever since this terrible affair it is asserted that the church bells have been regularly heard to ring every Sunday morning."

If an old tradition is to be believed, one of the most conspicuous land-marks in the north of England should be regarded as a memorial, so far as its name goes. The story is that the cross was planted, by pious hands, in the early days of Christianity, on the summit or table land of the chain of mountains which bounds the eastern side of Cumberland, separately known by different names along their range, but collectively called Cross Fell. At any rate, whether or not it takes its name from its transverse situation to the common run of the immense ridge, this tradition, as the Rev. B. Porteus has remarked, "is preferable to another which traces its derivative to a cross erected for the purpose of dislodging the aërial demons which were once thought to possess these desolate regions, and gave it the name of the Fiend's Fell." But the cyclone (the Helm Wind) and the sending for holy men to Canterbury to exorcise "the demon" supports the derivation. Alston Church is dedicated to St. Augustine. Some say the bodies of Christians who had died in the heathen eastern districts were brought "Cross t' Fell" to be buried in the consecrated land of the primitive Christians of Cumberland and Westmorland.