[List-Cumbria] Carlisle Journal, 26 Aug 1815 - Cumberland Assizes (17)

[Petra Mitchinson]

Saturday 26 Aug 1815   (p. 4, col. 1-2)

 

CUMBERLAND ASSIZES. 

  

(Continued from our last.) 

  

BEWLEY AND OTHERS v. SIR W. BRISCO. 

 

This was an action divided into four issues, to try whether Sir W. BRISCO has right of common in the common lands of the Forest of
Westward for all his lands in the manor of Crofton, divided into four ancient estates, called Bewley's Farm, Moorside Farm, Moffat's
Farm, and Wampool Know. 

 

>From the nature of this action, the defendant's counsel were the first to address the Jury and examine the evidence. 

 

William WISE, aged 75—has known Crofton all his life—went to live there when he was 7 years old, and continued there 33 years; his
father farmed £80 a year there—the same farm on which BEWLEY since lived—he kept two small flocks of sheep, about 100 in all, which
were every year summered on different parts of Westward—he likewise summered young bullocks every year on another part of
Westward—never disturbed. Dug two days' work of turves every year—never molested.—Remembers Dr. BRISCO—farmed under him. The Doctor
himself summered sheep on Westward—the best sheep on the common; and has seen the Doctor's servants leading flacks. This witness
proved similar exercises of right in respect of Moorside Farm and Moffat's Farm. 

 

Joseph ROUTLEDGE, aged 79. His evidence was confirmatory of that of the last witness—the reputation of right of common was that it
belonged to Crofton; and on his cross examination he proved the exercise of the same right on the part of the tenant of Wampool
Know. 

 

James CALVIN, aged 79—deposed to the right of common in respect of Moorside Farm and Bewley's Farm, and that the sheep were never
molested, and never heard the right questioned. He proved that MOFFAT used turbary on the common. BEWLEY kept his sheep in winter at
Crofton, and in summer on Westward. 

 

John STEEL knows Mr. BEWLEY—lived with him 10 years ago—went with him to get flacks every year during the three years that he was
with him—used them at Crofton. A Westward man gave him a discharge—he told his master, who very much resented the interruption, and
went himself and dug in the same place. Witness both carted and led afterwards, and was never again disturbed. 

 

John GRAHAM lived 20 years ago with Mr. BEWLEY—continued with him three years. BEWLEY bought a few sheep on Westward common, and
continued them there; believes they were wintered there. BEWLEY said they had a right to go there. Often cut flacks on Westward
common, and never interrupted. 

 

Thomas CARTNER—his father succeeded BEWLEY, on his quitting in 1805, and continued to 1812—the sheep went on Westward—dug turves
there every year—were not allowed by Sir John BRISCO to keep sheep on account of the fences—afterwards got leave to keep a few. Got
flacks off Woodcock-hill, in Westward, and assisted in leading them. On his cross-examination he stated, that he had heard his
father say it was agreed to keep no sheep; and that during the 9 years his father held [gap of the length of several words] farm, he
never turned on the common horse, cow, or sheep. 

 

Jos. ROBINSON—has lived servant at Crofton 38 years, ever since he was 8 years old—Sir John had sheep when witness went, and kept
them 4 years after he went—they were summered on Westward common. Sir J. gave over keeping sheep because they injured the hedges,
but the tenants continued to keep. Remembers flacks and brackens being got upon Woodcock-hill—got brackens on different parts of the
common during many years while Sir John lived, and used them at Crofton. Got great quantities—several cart-loads every year, until
about 5 years since—employed sometimes a week together in getting them—never discharged. The places where he got the flacks and
brackens are not on Crofton stint—has seen the plaintiff BEWLEY getting flacks while he was Sir John's farmer—got them about same
time that Sir John's people got them. Remembers MOFFAT having galloways—they went on Westward common a great number of years—15 or
20 galloways for 15 years. The young hedges were sprung when Sir John parted with his sheep—has farmed Wampool Know 16
years—constantly used the common, and never knew it found fault with. 

 

George MILBURN—lived servant with Sir J. BRISCO 18 years, deposed to nearly the same effect as last witness. 

 

Jane ROUTLEDGE, aged 65—her father farmed Wampool Know, and she lived with him until 18 years of age—she proved pasturage and
turbary on Westward Common. 

 

Thomas WILLIAMSON, aged 34—lived at Wampool Gate 20 years. From Wampool Gate could see the Crofton people turn on to the common, and
proved the exercise of the right of common on the part of the occupiers of all the four estates. Saw the horse of TELFORD, tenant of
Wampool Know, mired on Westward Common, and several of Westward people assisting to get him out—never heard an objection to the
right. Has seen BEWLEY cutting flacks with his coat off. On cross-examination witness stated that TELFORD had a farm in Westward.
Does not know that the horses and cattle were kept at Westward. R. BELL, steward for Sir Wasdale [sic – should be Wastel] BRISCO,
produced an indenture, dated Sept. 2, in the 6th year of Elizabeth, between Thomas, Earl of Northumberland, and John BRISCO, of
Crofton, Esq. in which the said Earl, for divers considerations therein named, grants to the said John 30 acres of land near to
Rosley, on the common of Westward, and common of pasture, turbary, &c. in the said common, to the said John, and all his tenants of
Crofton. This grant refers to a more ancient one, from one of the LUCYs to the Lord of Crofton, of which this is confirmatory. 

 

James MOFFAT, aged 53—born at Crofton. His father, mother, and grandmother, occupied the farm called Moffat's Farm—proved the right
of common for that farm and Bewley's farm. 

 

Wm. TELFORD—lived with Mr. BEWLEY (present Mr. BEWLEY's father) near 30 years since. Here the Judge put it to plaintiff's counsel to
consider if they could possibly overturn the case which the defendant had made out, and they admitted that they could not.—Verdict
for defendant. 

 

 

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