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WILLIAM JACKSON, F.S.A.,

Vice-President, Cumberland and Westmorland
Antiquarian and Archaeological Society.



Frontispiece, vol. xi.



See p. 41




TRANSACTIONS



CUMBERLAND AND WESTMORLAND

ANTIQUARIAN & ARCttffiOLOGICAL

SOCIETY.



VOLUME XI.



EDITOR:

THE WORSHIPFUL CHANCELLOR FERGUSON, MA, LLM., F.S.A.

PRESIDENT OF THE SOCIETY.



1891.

PRINTED BY T. WILSON, HIGHGATE, KENDAL.



The Council of the Cumberland and Westmorland Antiquarian
and Archaeological Society, and the Editor of their Transactions,
desire that it should be understood that they are not responsible for
any statements or opinions expressed in their Transactions : the
Authors of the several papers being alone responsible for the same.



CUMBERLAND & WESTMORLAND

ANTIQUARIAN & ABCH/EOLOGICAL SOCIETY.



LIST OF OFFICERS FOR THE YEAR 1890-1891.



Patrons :

*The Right Hon. the Lord Muncaster, M.P., Lord Lieutenant of Cumber-
land.
*The Right Hon. the Lord Hothfield, Lord Lieutenant of Westmorland.
*The Right Rev. the Lord Bishop of Carlisle.

President & Editor :
*The Worshipful Chancellor Ferguson, m.a., ll.m., f.s.a.

Vice-Presidents :



James Atkinson, Esq.
* E. B. W. Balme, Esq.
*The Right Rev. the Bishop of
Barrow-in-Furness.
The Earl of Bective, M.P.
*W. Browne, Esq.
*The Very Rev. the Dean of
Carlisle.



*The Earl of Carlisle.

* James Cropper, Esq.

* H. F. Curwen, Esq.
*Robt. Ferguson, Esq. F.S.A.

* G. J. Johnson, Esq.
*Hon. W. Lowther, M.P.
*H. P. Senhouse, Esq.

* M. W. Taylor, Esq. M.D., F.S.A.



Elected Members of Council:

W. B. Arnison, Esq., Penrith. I C. J. Ferguson, Esq., F.S.A., Carlisle

Rev. R. Bower, M.A., Carlisle. T. F. FAnson, Esq.,M.D.,Whitehaven.

Rev. W.S.Calverley, F.S.A., Aspatria Rev. T. Lees, M.A., F.S.A., Wreay.
J.F.CROSTHWAiTE,Esq.,F.S.A.,Keswick Rev.Canon MATTHEWS,M.A.,AppIeby
H. Swainson Cowper, Esq., F.S.A. Rev - H. Whitehead, M.A., Lanercost.
Hawkshead. I Robert J. Whitwell, Esq., Kendal.

A uditors :
James G. Gandy, Esq., Heaves | Frank Wilson, Esq., Kendal.

Treasurer :
W. D. Crewdson, Esq., Helme Lodge, Kendal.

Secretary :
*Mr. T. WILSON, Aynam Lodge, Kendal.



N.B. — The members of the Council and the Officers where names are marked
with an *, form a Committee for carrying out the provisions of the Act for the
Protection of Ancient Monuments.



MEETINGS HELD BY THE SOCIETY

1889-90.
FOR READING PAPERS AND MAKING EXCURSIONS.



1. Penrith : Plumpton, Newton Reigny July 4th, 18S9.
Blencow Hall, Johnby Hall, Green-

thwaite Hall, Dacre Church and

Castle, .... July 5th, 1889.

2. Ambleside : Steam Yacht excursion

on Windermere, Hawkshead
Hall and Church. . . Sep. 4th, 1888.

Fellfoot, Wrynose, Hardknott Camp,

Eskdale Church, . . . Sep. 5th, 1889.

3. Orton, Raisbeck, Ashy, Ormside, . July 3rd, 1890.
Appleby, Bewley Castle, Bolton

Church, Redlands Camp, Kirkby-
Thore, Maiden Way, Howgill
Castle, Longmarton, . . July 4th, 1890.

4. Lancaster Church and Castle, Hey-

sham Old Hall and Church, . Sep. 18th, 1890.
Halton Church and Cross, Gress-
ingham Church, Melling Church,
Hornby Church, Claughton Hall
and Church, Caton Church, . Sep. 19th, 1890.



CONTENTS.



I. Law Ting at Fell Foot, Little Langdale, Westmorland
By H. Swainson Cowper, F.S.A.
II. Hawkshead Hall. By H. Swainson Cowper. F.S.A.
III. S. Catherine's Chapel, Eskdale : a reason for its dedica

cation. By the Rev. Thomas Lees, M.A., F.S.A.
IV. Appleby Old Bridge. By the Rev. Canon Mathews
Excursions and Proceedings.
V. On a supposed Interment of a Horse with Human Re
mains at Lanercost. By the Rev. H. J. Bulkeley
VI. Some Manorial Halls in the Barony of Greystoke. By
M. Waistell Taylor, M.D., F.S.A.
VII. Gold Armlet found in Westmorland. By Ellen K. Ware
VIII. Recent Roman Discoveries, 1889. By The President
IX. Potter's Marks on Roman Pottery found in Carlisle. By
The President. ....

X. The Siege of Carlisle, in 1644-5. General Leslie's
Works. By the Worshipful Chancellor Ferguson,
F.S.A., President of the Society.
XL The Seal of the Statute Merchant of Carlisle. By the
Worshipful Chancellor Ferguson, F.S.A., President
of the Society .....
XII. Fragments of a British Cross and many Early English
and other Grave Covers found in Bromfield Church
yard. By the Rev. W. S. Calverley, F.S.A.

XIII. Church Bells in Leath Ward, No. 2. By the Rev. H

Whitehead. .....

XIV. Keswick Town Clock Bell. By the Rev. H. Whitehead



1

7

50

54
58

70

73
98



104



117



127
152



CONTENTS.



XV. Visitations of the Plague in Cumberland and West-
morland. By Henry Barnes, M.D.. F.R.S.E. 158
XVI. Mayburgh and King Arthur's Round Table. By

C. W. Dymond, F.S.A. . . .187

XVII. An Instance of Infant Marriage in the Diocese of

Carlisle. By Mrs. Henry Ware. . . 220

XVIII. The Dacre Stone. By the Rev. Canon Mathews. 226
XIX. Pre-Norman Cross Fragments, at Aspatria, Work-
ington, Distington, Bridekirk, Gilcrux, Plumb-
land, and Isell. By the Rev. W. S. Calverley,
F.S.A., Vicar of Aspatria. . . . 230

XX. The Dalston Transcript of 1589-1590. By the Rev.

James Wilson, M. A., Vicar of Dalston. . 238

XXI. The Parish Registers of Orton, Westmorland. By

J. Holme Nicholson, M.A. . . . 250

XXII. Notes on the Roman Itinera in North Westmorland
compared with modern measurements. By the
Rev. Canon Mathews. . . . 2G6

XXIII. The Appleby Chained Books. By Charles Robert

Rivington. ..... 271

XXIV. The Appleby Charters. By W. Hewitson, Town

Clerk of Appleby. , 279

XXV. The Parish of Stanwix. By the Rev. J. R. Wood,

M.A. , Vicar of Stanwix. .... 286

XXVI. Note on Sandford's History of Cumberland. By

George Watson. . 290

XXVII. The Brough Idol. By F. Haverfield, M.A. . 296

XXVIII. Orion Old Hall, or Petty Hall, Orton. By Fred B.

Garnet, C.B. ..... 300

Excursions and Proceedings. . . . 305

XXIX. The Roman Camp on Kreiginthorpe (Crackenthorpe)

Common, near Kirkbythore. By The President. 312

XXX. Kirkby Thore Church. By the Rev. John Heelis,

M.A., Rector. ..... 314

XXXI. The Bears at Dacre. By the Worshipful Chancellor

Ferguson, F.S.A. , President of the Society, . 323
XXXII. An Earthwork at Little Asby. By the Rev. Canon

Mathews. . . . . -329

XXXIII. The Baptismal Fonts of the Rural Deaneries of
Gosforth, and Whitehaven. By the Rev. J.
Wilson, M.A., Vicar of Dalston. . 335



CONTENTS.



XXXIV.
XXXV.

XXXVI.
XXXVII.



The Reeans of High Furness. By the Rev. T.

Ellwood, M.A., Rector of Torver.
Some Illustrations of Home Life in Lonsdale North

of the Sands, in the 17th and iSth Centuries.

By John Fell, Dane Ghyll.
The House of Percy, entitled Barons Lucy of

Cockermouth. By Geo. T. Clark, F.S.A.
The Hudlestons of Hutton John, the Hudlestons of

Kelston, now of Hutton John, and the Hudlestons

of Whitehaven. By the late W. Jackson, F.S.A.

with an Introduction by W. Hudleston of Hutton

John. .

In Memoriam.



361



368



399



433




p. So.



JOHN BY HALL.




yppwff^




P- 93-



GREEMTHWAITE HALL.



PRE-NORMAN CROSS FRAGMENTS. 237

At the alteration of the chancel lately, the Rev. J. C.
Pigott, vicar, discovered beneath the altar, the lower part
of a head, being the boss, the greater part of two of the
arms and a quarter of the wheel ; on placing the casts
and the newly-found stone together, more than half the
cross head was revealed. It resembles the Dearham
Standing Cross, but it is much smaller, very roughly
worked and apparently unfinished. This cross has been
reproduced as a foot stone to the grave of the late H. A.
Spedding, of Mirehouse, in Bassenthwaite churchyard,
with a copy of the Dearham Standing Cross as a head-
stone.

The Plumbland triskele fragment was walled into the
church tower at the time of the rebuilding and has re-
mained unnoticed. It bears a rude spiral running scroll
between pieces of plaitwork of divided strands, having
triskele signs, 8 shaped figure, bosses, and svastika-like
raised surface between the strands, and points I think to
a Teutonic settlement at a very early time.

These and other remains when illustrated and thus
brought together, for comparison, &c. may give valuable
testimony to a history which has so far only been written
in stone.

The evidence of the various settlements of Northmen
and Teutons in Strathclyde, as well as that of the earliest
missions amongst the native races cannot fail to be in-
teresting and useful.



(238)



Art. XX. — The Dalston Transcript of 1589- 1590. By the

Rev. James Wilson, M.A., Vicar of Dalston.
Communicated at Appleby, July 3rd, 1890.

IN the year 1887 the attention of the Carlisle Diocesan
Conference was directed to the desirability of com-
pleting " the duplicate copies of our church registers in the
Bishop's Registry," with the result that a committee was
appointed " to consider the whole question of parish
registers and to report to the next Conference."

In making their report, the committee divided " the
duplicate copies or transcripts of registers, as they are more
properly called, now in the Bishop's Registry, into two
classes," viz. transcripts made " prior to the passing of
Rose's Act (52 Geo. iii. c. 146) which came in force in
1813 " which are on paper, and transcripts made since
1813 which are on parchment. On the present condition
of the paper transcripts the report says : —

These transcripts under the Canon law are of great value and have
been at different times the turning point in important suits at law.
Those belonging to the ancient Diocese of Carlisle, which with few
exceptions are extant from about the time of the Restoration, are at
present well kept in proper cupboards, and tied up in brown paper
bundles.

But the most important feature of the report is the
recommendation that certain measures should be taken
to make these transcripts more accessible, and less liable
to injury or accident.

The committee are of opinion that it would be a most valuable under-
taking, if in the case of each parish, its patron, leading proprietors, or
other persons interested, would cause to be mounted and bound the
loose sheets which constitute these ancient records, after the manner

in



THE DALSTON TRANSCRIPT. 239

in which the transcripts of the parishes of Newton Reigny, and of
Lanercost have been treated. They would then become more gener-
ally accessible, and more easily handled ; the sheets could not get out
of consecutive order, or into wrong bundles. *

Pursuant to this report of the committee, which was
adopted by the Diocesan Conference of 1888, I received
in the November of that year the following communica-
tion from the Bishop of the Diocese : —

With reference to the recommendation of the committee on parish
registers on page 8 of the Conference report, I shall be happy to bear
the expense of mounting and binding the transcripts of the Dalston
Registers, if you on your part look after the process. Perhaps you
would communicate with Mr. Mounsey on the subject.

It is not necessary to say that I hailed his Lordship's
offer with pleasure and took steps at once to have his
wishes carried out. I made application to our courteous
Registrar who put me in possession of a bundle of loose
papers of all shapes and sizes which I brought home
for examination. They did not cause much trouble as I
found them in excellent order, and almost ready to put
into the hands of the binder.

These transcripts cover a period, with few omissions,
from 1666 to 1812. There is not much to be gleaned in
the way of local information, except the bare record of
baptisms, marriages, and burials : the only variation is
certain presentments for the usual offences, in 1678, 1681
and 1692. But the chief feature of the bundle is a soli-
rary transcript, worn, water-stained, dilapidated and al-
most illegible, bearing date 1589-1590, which, as far as
contemporary knowledge goes, is unique in our Bishop's
Registry. It is apparently in the handwriting of Thomas



* Carlisle Diocesan Report for iSSS, pp. 8-9.

Nicholson,



240 THE DALSTON TRANSCRIPT.

Nicholson."' 1 the vicar t (1586-1594), who signs his name in
two places and it is witnesssed by six of the parishioners,
doubtless churchwardens 1 each of them making " his
marke."

The first sight of this document stimulated my curio-
sity, as its form and condition seemed to evidence more
vicissitudes than any of its fellows. It was neatly folded
like a lamp-spill and must have remained in that shape
for generations, as when opened out it was ready to fall
into a dozen strips and looked as shattered as the colours
of some crack regiment which had passed through many
campaigns. The character of the writing hastened my eyes
to the heading of the paper, where I read : —

The names of all those that have bene b...ed w'hin the pishe of
Dalston from the x th of Julie in the yeare of God 1589 unto this xxxi
of Julie in the year of God 1590.



* Joseph Nicolson, who wrote the account of Dalston for N. & B's History
of Cumberland and Westmorland, spells this name " Nicolson" like his own ;
it may have been from the known or fancied reason of kinship. In the register as
well as in the transcript it is spelt as above. Another vicar William Nicolson
(1727-30) was the historian's elder brother; both sons of John Nicolson, of Hawks-
dale Hall, and buried with other members of this family, on the south side of
Dalston Chancel, where a mural tablet records the particulars.
f The commencement of his vicariate is thus noted in the register: —

Baptismes noted by Syr Thomas

Nicholson a primo eius ingressu in

hanc vicariam post obitu Edgar

quis fuit 13 Septemb 15S6
His burial is recorded under the date 1594 " Octobris iy Thomas Nicholson vicar."
It will be seen that there is a slight error (errors of this kind are numerous) in
the county histories which give 1596, arising no doubt from a note further down
the page of the register : —

Burialls noted by Mr. Robert

Collier vicar of Dalston

post Nicholson defunct 11

There was usually an interregnum of a year or two between successive vicars,
the Bishop's chaplains undertaking the charge. Is it true that they were licensed
to the vicar, acting in the double capacity of curates of Dalston and chaplains of
Rose ?

J The traditional number of churchwardens for the parish of Dalston is still six,
that is, one for each township. The incumbent has not the luxury of nominating
any of them ; they are all elected in vestry by the parishioners. This has been the
custom from time immemorial.

It



THE DALSTON TRANSCRIPT. 241

It did not take much reflection to convince me that I had
unearthed an interesting document, which might turn out,
as far as this diocese was concerned, to be an important
discovery.

In the first place, it is a transcript which must have been
made from the original paper register * ordered in 1538 by
Thomas Cromwell, King Henry's minister, but super-
seded t in 1597 by the parchment books now in the
parish chest. The earlier entries in the first volume of
these parchment registers are copied from the same source
and agree substantially with the transcript in question.
It stands alone : it has no predecessor : it has no succes-
sor till 1666. How it has escaped when those of the
succeeding seventy-six years have perished, and where
it came from, when the diocesan registry was overhauled
and arranged, one cannot tell; at all events, its existence
is certain, but to explain why so early a transcript should
ever exist at all — hie labor, hoc opus.

Writers on parish registers seem to think that tran-
scripts were originated by the canon X of 1603, or at the
very earliest by the Elizabethan injunction of 1597. For
instance in an article on the preservation of parish regis-
ters in the Standard newspaper (Dec 27th, 1888), it was
stated that

The parish registers, as an institution, date from about 1538, and the
transcripts were first ordered in 1597.

This is the commonly received opinion, gathered no doubt
from the well-known text-books, on the history of " Parish

*The injunction is found, among other places, in Bp. Burnet's Collection of
Records, vol. i. pt. 2, pp. 274-9, Oxford edition, 1S1C.

f The mandate of 1507 was voted by the Canterbury convocation, sanctioned
by the Queen in council, and made applicable utrique Provincial, tarn Cantua-
riensi quam Eboracensi. The change from paper fe.v veteribus libris cartaceisj
to parchment (libri ad Ininc usum destinati ex pergameno sumptibus parockiano*
rum in. posterum conjicianlnr) is emphasized in the last article (Sparrow's
Collection of Articles fisc, p. 256, black letter edition, 16S4).

+ Canon 70, which embodies this particular of the 1597 injunction.

Registers



242 THE DALSTON TRANSCRIPT.

Registers in England," by Southerden Burn and Chester
Waters, who give no hint that such a practice existed
prior to 1597. But it is quite evident that the current
opinion is open to review : the Dalston document is proof
positive against it, and shows in one instance at least that
the custom of sending in transcripts at the Bishop's visi-
tation was in force in this diocese some ten years before
the injunction of 1597 was formulated by the Canterbury
clergy.

Since the discovery of the Dalston transcript the Rev.
H. Whitehead writes to me : —

There is another piece of evidence that in this diocese copies of the
registers were exhibited at the visitations, even before 1597. It
occurs in the old paper registers of Holme Cuitrani, which' has the
following entry : — " Here endeth all the burialls w ch hapened in this
pishe 1586. Registered by me Edward Mandeville cleri. This coppy
of these christenings, burialls, and weddings exhibited in to the court
at Espatyre the xix of July, 1587." This, you see, is in support of
your opinion that what you showed me at Mr. Mounsey's office is a
veritable transcript, perhaps the sole survivor of a lot of ancient
transcripts no longer extant.

But I am not dependent on the testimony of one witness,
or the custom of one diocese. In order to make out a
stronger case against the 1597 limit, I shall put in the box
Mr. J. M. Cowper, well known to be interested in these
matters, who wrote to the Standard at the close of the
year 1S88 to rebut the statements which have been just
quoted from that newspaper : —

The writer of the article seems to imply that no transcripts were
made prior to 1597. According to my experience they generally date
back to between 1560 and 1570. I have one before me now dated 1559,
and the series to which it belongs is nearly perfect until we approach
the troublous times preceding the Commonwealth. From about
1640 to the Restoration, no transcripts" were made as far as I have
been able to ascertain. It is hardly possible to place too high a value

on



THE DALSTON TRANSCRIPT. 243

on these transcripts. That mentioned above belongs to a parish
whose first register begins in 1634. With the aid of the transcripts
I shall issue the volume practically complete from 1559. Of course
there was an earlier volume, but it is lost, owing to the neglect of the
clergy, some may say who are not aware into what hands the parish
registers fell when Cromwell was in power. Sometimes the " minis-
ter" was the sworn " register," sometimes the parish publican, and
some times the books were in the keeping of the clerk of the Peace
for the county. Under these circumstances it is not to be wondered
at that many of our earlier registers are missing.

We have to deal, then, with the palmary fact that tran-
scripts were an institution in England, and that the bishop
of Carlisle required them to be sent in at his visitation
before the Elizabethan mandate of 1597. How came
the custom to be observed in this diocese, or any diocese
without some authoritative sanction to compel it ?

The history of the parish register is plain enough ; it
originated in the monastic custom of keeping chronicles
and chartularies, and when Henry VIII plundered the
monasteries, Cromwell transferred t the institution to the
parish churches and made what was hitherto only an
intermittent custom into a compulsory law. As the parish
register sprung naturally out of the monastic chronicle, it
seems likely enough that transcripts grew gradually out of
the increasing value attached, as time went on, to the

* It is interesting to note that in the Carlisle Registry duplicates of parish regis-
ters exist for the period of the Usurpation e.g. Lowther 1645-1660, and Clifton
1644-1665. The Lowther documents consist of two sheets of paper written on
both sides in the same hand and covering the period in question. The second
sheet only is subscribed thus : — This is a true copy of the register at Lowther.

William Smith, Ministr ibid.

John Wilkinson, \

fep?sSthf Churchwardens. _

Chi. VVarkman, J
The practice of Lowther and Clifton is enough to show that the omissions during
the troubles were made up after the Restoration probably by the insistance of the
Bishop. It is clear, then, that the earlier transcripts of this diocese did not perish
under "the curse of Cromwell," as they must have been in existence in 16C0.
Else why start making duplicates from the year 1644?

f Burn's first chapter "of the origin of parish registers" should be consulted
in order to appreciate the difference between parish registers and the chronicles,
and obituaries kept in monasteries, {Parish Registers in England, pp. 1-16).

parish



244 THE DALSTON TRANSCRIPT.

parish register. This conjecture will appear sufficiently
reasonable if we collate the different injunctions issued to
the clergy from 1538, when registers were instituted, till
1603, when transcripts were regulated by canon law.
Though a digression of this kind would be foreign to my
present purpose, it may not be considered out of place if I
instance one example. In 1597, when the transcripts
receive definitive recognition, the register, quorum per-
magnus usus est, is required to be kept not merely in " one
sure coffer with two locks and keys " as provided by the
injunctions of Edward VI in 1547, sed in cista publico,
eaque trifariam obserata reservandum putamus.* Thus it
will be seen that as the value of the parish records became
more apparent, greater precaution was taken for their
proper custody and preservation. That the idea of tran-
scripts was " in the air," if not actually on terra firma, may
be gathered from the fact that a Bill was before Parlia-
ment t in 1562-3, for the purpose of creating Diocesan
Registries, where duplicates of the parish books might be
kept — a project which marks a distinct advance in the
precaution exercised to preserve the register by assuming
the necessity of the transcript . Upon the significance of
this abortive Bill, Mr. Whitehead says : —

This Bill, though it never became law, serves to show that the project
of requiring transcripts of registers to be sent to the Bishops was no
new idea in 1597, when it took a prominent place in the constitution
then made by the Canterbury Convocation and afterwards approved by
the Queen in Council. Moreover the fact of the injunction originating
with convocation shows that the Bishops and Clergy, at all events of
the province of Canterbury, were of their own accord fully impressed
with a sense of the use and value of the proposed transcripts.

With this statement in mind and fortified with the experi-



* Sparrow's Collection of Articles Zfc, p. 256.
t Burn's History, p. 20.

ence



THE DALSTON TRANSCRIPT. 245

ence of Mr. Cowper as referred to above, we must look in the
first instance to the province of Canterbury for some indi-
cation of their existence. Nothing rises in view, as far as
I can learn, till 1569, when archbishop Parker makes by
commission his metropolitical visitation in consequence of
letters from the council as " things began to look black
and cloudy upon the realm." In this visitation the eureka
of our search is contained.

XIII Item. Whether your ministers keepe their registers well, and
do present the copy of them once every yeare by indenture to the ordi-
nary or his officers. And teache the articles of the fayth and the tenne
commaundementes and the Lorde's prayer, as is prescribed them in
the catechisme. *

Having thus traced the transcripts to the diocese of
Canterbury to find them in full swing in 1569, we have a
step or two further to go. When do we find them in the
northern province, and how were they introduced into the
diocese of Carlisle ? In order to answer these questions
we must turn to the career of Edmund Grindal, a dis-
tinguished Cumbrian, who became bishop of London in


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