Excerpts from the Dallam Collection

The following document¹ is one of a group of informal papers in the Dallam collection which seem to have been the working papers of the Stewards of the Manor of Silverdale. It shows signs of having been revised and prepared for reading to a Jury. Its original references to a Queen and a plural Lordship date it about 1709-10 when Anne was Queen of England and Thomas Fletcher and Albert Hodshon were Lords of the Manor. By 1715, George I was King and John Gibson Lord of Silverdale.

“1) You shall enquire of all such things which concerne the Lords benefitt, as Suitors of this court, & for this you are to know that all that owe Suite to this court wherever they dwell or of what age soever they be are to attend here or to be amersed

2) If any of the Lords houses Lands custom Rents Services herrietts franchises royalties or evidences or the like, have beene withheld from them/him without their/his consent, by whome what it is & how long the same hath been withheld

3) If any encroachments be made upon the Lords Lands or upon the common without the Lords lycence or any Surcharge or abuse of the comon be by cattle or any put cattle upon the common which ought not

4) If any Tennant take away or destroy the Lords fish or fowl, or cutt or carry away any woods or take any swarms of bees swarms Eggs pheasant or partridge Eggs hawk or hunt within this Manor or doe other trespas without lycence of the Lord

5) It any Tennant within this Manor be dead whose death is not yet presented, what is come due to the Lord thereby & whoe is his next heire, that it may be knowne what is due to the Lord & of whome he may expect Suite & Service & Rent

6) If any Tennant be dead without heire Speciall or general, or if any Bastard purchas Lands & dye without issue of his body, for in all these case, the Lord is to have the Lands by escheate

7) If any Tennants have allyenated their lands, or exchanged any when, what & to whome, & what is due to the Lord thereby for the Lord must know whoe is Tennant that he may know of whome to expect his service

8) You are & must particularly enquire, if any persons have comitted any forfeitures, Freeholders may forfeit by comitting felony & beinge attainted by confession or conviccion in this case after the Queene/King has had her/his yeare & day, the Lord is to have the Lands, or by Selling their Lands into mortmaine or by Deed or Settlement or any other ways contrary to the Custome, is a forfeiture

9) Also Tennants may forfeit (as there are Severall amongst you whoe are guilty)/(if there be any Such amongst you) by doeinge of waste, Letting their houses of any sort fall down & become ruinous, by doeing of Felony, Cuttinge downe or marryeirge [sic] of Timber or other trees contrary to your decreed custome by conveyeinge passing or letting their Lands & not presenting their Deeds in due time alsoe they may forfeit by their not payeing their Rents, or not performinge their Services as Suite of Court & the like, especially if they refuse or deny

10) If any rescous or poundbreach be made of a distress taken by the Lord or his Bayleffe appoynted within this Manor or if any Rent or Service due to the Lorde is withholden whoe they are that fayles to pay or withholds the same

11) If any remove any antient bounds between Lord & Tennants or Tenant & Tenant or one Lord & another and many other ways may customery tenants forfeite their houses & lands the Seignory or inheritance being in the Lord & onely a possionary [sic] right persuant & exactly acording to custome & decree beinge vested in the Tennants

12) If any have divirted any antient watercourse out of its usual current or if any doe not make their fences good & sufficient or Top lop or cropp any trees at unseasonable time or comitt any other trespas or offence you ought to Fyne & present such ofenders & offences Lords mill [sic]

13) Now to speake for the benefitt & advantage of the Tennents for this you are to enquire if any take common that hath none, or haveinge common keepe more thereon in Summer than he can winter in his owne Lands in Winter, or chase & rechase between 2 farmes in 2 parishes, or put on cattle not comonable or inclose digg or delve upp build upon or inclose the land which ought to be common – Alsoe you shall enquire if there be any by law paine or other order made & appoyted to be kept by this Court be broken whereby a forfeiture accrews by any person being Guilty of the broach of such order or paine Alsoe if any trespes or offens be committed by any Tenant either by their goods or not repaireinge their fences, or lettinge their houses goe downe whoe they are, & whoe have neglected to pay their rents for Gentlemen on your neglect in presenting, the Lord will enter upon such lands as are forfeit, and/or if there be any other … or things enquirable & presentable within this court which I’ve omitted desire you’ll not be remiss for your owne good & Safety beinge upon your corporall oathes And when you are ready to give in your verdict shall be ready to take the same & give you any other assistance that shall be reasonable”

1. Cumbria Record Office, Kendal Archives, WD/b/S1(4). Printed here by the kind permission of Brigadier Tryon-Wilson. ↩︎

Published in Mourholme Magazine Issue 5 Autumn 1983