[List-Cumbria] Carlisle Patriot, 07 Sep 1816 - Cumberland Assizes (33)

[Petra Mitchinson]

Saturday 07 Sep 1816   (p. 3, col. 4 – p. 4, col. 6)

 

Cumberland Assizes. 

========== 

STEWARD'S FEES IN THE ABBEY HOLM. 

SPECIAL JURY. 

 

[continued] 

 

Here ended the plaintiff's case, and Mr. SCARLETT addressed the jury.—He said that Mr. RAINE had introduced this cause with great
solemnity, and as one of importance. Now what importance it had any more than the personal interests of the plaintiff and defendants
Mr. SCARLETT was at a loss to discover. He thought it little to Mr. HODGSON's credit to have brought this action into court so many
times; he had first tried it by a common jury, but finding himself defeated, he now tried a special jury, flattering himself that
gentlemen who were landholders would be more likely to join him in forcing his charges down the throats of the defendants. But Mr.
S. felt confident that he had made a wrong estimation, and was sure that a special jury would no more sanction his extortion than a
common one had done. Of the plaintiff Mr. SCARLETT knew nothing out of court, but this he knew, if he, Mr. S., was Lord of the
Manor, Mr. HODGSON should not continue his steward. What right had he to abandon the charges of his predecessors and charge what he
pleased? It was not to be endured that a steward should force himself into the employ of the tenants when they apply for admission.
Many of the copyhold tenants held by fine certain, but Mr. S. would ask, if Mr. HODGSON were to be permitted to exact his charges,
what is to become of the fine certain? If Mr. HODGSON were to refuse to hold a copyhold court when applied to, before his demands
were paid, there was no other mode of redress than by applying to the Court of King's Bench for a mandamus to compel him, at a very
great expense. Mr. HODGSON's living more than 30 miles from Holm Cultram could be no excuse for additional charges. Even his
Lordship on the bench could not order the fees of his cryer to be enhanced on his own responsibility, and shall Mr. HODGSON alter
his according to his will and pleasure, setting aside immemorial usage? Surely not. Mr. SCARLETT could not help saying that this was
the most impudent action ever brought into court.—The practice in Holm Cultram has been to hold four courts in a year, at which the
tenants apply for admission, but, till Mr. HODGSON was appointed, the fees had invariably remained the same; Mr. BRISCO never dreamt
of advancing them, nor is there any reason for an advance, the old fees being ample to remunerate the steward for the trouble given.
The party coming to be admitted gave in his surrender, and the steward merely made a minute in his book and took his fees. The court
rolls are as much the lord's as the tenant's, and therefore it is in his interest that the rolls should be kept by the steward in a
proper manner, and it is the duty the steward to do so, without looking either for fee or reward from the tenant.—As to the stamps,
they can be procured from any stamp distributor, for if he has not got them, he is bound to procure them. The only one who cannot
get stamps from a distributor is a gentleman who wants to charge 5s. for the writing of a letter. Mr. Scarlett in conclusion said,
he was confident the Jury would give him a verdict when they had heard the evidence which he should lay before them. 

 

Mr. John GLAISTER called.—Being one of the Society of Friends he made an affirmation.—Is 57 years of age; has known Holm Cultram
ever since he was born, and well remembers when Mr. BRISCO was steward. Witness was admitted tenant on his estate in 1787, on which
he paid Mr. BRISCO for the stamp and fine, and also 6s. for court duties; it was an admittance in public court. Witness afterwards
surrendered the tenement to a man named BARWISE; it was on the 26th February, 1802, according to will. He paid on that surrender for
the stamp and fine, and 6s. fees. Recollects having been present frequently when other surrenders have been made. The courts were
held nearly quarterly in Mr. BRISCO's time; has been in court when only one has been admitted, and sometimes eight or ten. The fees
are paid at the time of surrender, and the copy is had on the next court day; never saw more than 6s. paid as fees in Mr. BRISCO's
time; never saw a surrender out of court. If there were any reserves 2s. each were paid for them, which sum was the usual fee.—There
are about 300 copyhold tenants in all. At the courts the jurors and steward sit in different rooms. When the jurors have made a
finding (presentment) they bring it to the steward in a verdict written and signed. Witness remembers being present when BARWISE
offered Mr. HODGSON some money; it was about two years ago. Mr. HODGSON claimed for stamps and lord's fine £7, 14s. BARWISE laid
down £8 in paper. When that was paid Mr. HODGSON did not give him change; he held 6s. in hand, and the next court day BARWISE came
forward and asked Mr. H. what he charged for the three surrenders; Mr. H. replied, what you please, I make no charge. When the £8
was paid witness does not remember that any thing was said about fees; but at the next court BARWISE came forward and asked for
copies, and at the same time enquired about the fees; it was then that Mr. HODGSON said he "made no charge—what you please." BARWISE
then said you have 6s. in hand, and he gave him 12s. more, which he told him were the customary fees on three surrenders. Mr.
HODGSON said he would not take the money, but should send for a writ for BARWISE, and he afterwards gave B. the copies of the three
surrenders, throwing them across the table to him. Mr. HODGSON said nothing about fees when he spoke of the writ. When the £8 was
paid Mr. HODGSON did say the fees might be left till the cause then pending was decided. 

 

Mr. John HEWSON sworn.—Witness was once tenant and guardian for one George PEAT. He attended a Court held in Holm Cultram in 1805,
at which time his nephew was admitted tenant, and he paid for stamps £8, 10s. 10d. The fines were £2, 4s.; the stamps £4, 10s., and
36s. were paid for fees; 6s. each copyhold; that was the whole charge; nothing more was paid either to the Steward or the Bailiff. 

 

John BARWISE sworn.—Was present at the second Court holden by Mr. HODGSON in Abbey Holm, about seven years ago. His father and Mr.
HODGSON had some conversation about fees; his father was charged a guinea, but objected to pay it because he thought it too much.
Mr. HODGSON appealed to BROUGH if it was not right, and BROUGH said it was. His father told Mr H. that the sum was only 6s.; Mr. H.
said he understood otherwise from BROUGH, and he would not take less than a guinea. 

 

Wm. TINDALL sworn.—He attended a Copyhold Court in the year 1790, and was at that time admitted a tenant. He paid £2, 6s. and some
copper; the fine came to £1, 0s. 2d.; stamps 14s.; difference 6s.; this only was paid to Mr. BRISCO when admitted to two tenements,
who made out the charges on a slip of paper, but witness cannot remember the exact fee, though he well knows that was the sum which
he paid. Witness did not get his copies till after Mr. BRISCO died, when he had them from Mr. SAUL, who was Mr. BRISCO's executor;
the admission he speaks of was as heir at law. 

 

 

[to be continued] 

 

 

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