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MUNCASTER MILL COURT CASES

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Records relating to several old court cases concerning Muncaster Mill have been preserved in the Pennington family archives [WRO D/Pen/ mostly bundle 1/23]. These notes attempt to summarise the ones I've found so far.

This first document [from bundle 1/6] deals both with the existing corn-mill and the now-ruined walk-mill, much further up-river, south of the Bower House.
Jury verdict in dispute between William Pennington Esq., & Christopher Irton Esq., 28 Oct 1557:
Pennington is entitled to have one corn-mill and one "wake mill" [cloth fulling mill] on the River Mite; in return, Irton is entitled to two "over leases" of common pasture on Muncaster Fell, one for "Brynd Boathe" [Burn Booth, now demolished] and one for John Woodend's place (as has been done in the past). Woodend is to drive his animals to the upper edge of the fell; Thomas Tyson [of Burn Booth?] is to make an adequate track to drive his animals up to the Rake Head, and he is only entitled to put his own sheep on the fell.


Richard Tubman, lessee of "Muncaster Milne" versus William Keddie, yeoman of "Ravenglasse", Hugh Slewdinge [?], Nicholas Harbert, Edward Ffrears, William Ffrears, Joseph Troughton, Andrew Cowpland, John Philbeck, Willm. Tompson, John Boweth and John Atkinson, all tenants of Joseph Pennington Esq. and "suckeners" to the said mill.
Arbitration by Myles Doddinge and Peter Senhouse Esqs. and Christopher Boston gentleman, 29 Nov 1623.
 As "suckeners", the defendants are obliged to have any grain grown on land subject to sucken rights ground at this mill, but they have been trying to get out of this obligation, so Tubman has taken them to court. The Court of York has ordered the appointment of arbitrators acceptable to both sides, as named above. They order that


John Tubman of "Muncaster milne" versus William Pennington esq., in the Court of Chancery, 1647:
Tubman's claim was that he, his father Richard, and his ancestors for generations had been tenants of Muncaster mill with its appurtenances- in the time of the late Joseph Pennington Esq., Lord of Muncaster, they had paid £4 yearly. John's ancestors had built the mill and constructed the necessary watercourses from the River Mite on the rented ground, at "great costes" to themselves, in return for which the Penningtons had granted to the Tubmans the right to hold the property in perpetuity, subject to the above-mentioned rent, and benefiting from the right to be provided by the Penningtons with materials for repairs. Deeds were accordingly drawn up, but Tubman does not now have them, due to the actions of the late Joseph Pennington. Tubman claims that Joseph had by "threatneings and evill entreatings" persuaded Richard (then old and infirm) to give up his perpetual tenancy, and convert it to a renewable 21-year lease, also at £4 yearly rent but subject to a £20 "fine" (an administrative fee charged on manorial property transactions, which became a rich source of income for the upper classes). Richard had, despite his apparent age, survived the full 21 years, so the lease was to be renewed on payment of the fine. Joseph then (about 24 years before the time of this case, Richard then being "very aged and of many infirmities") got the deeds off Richard, claiming he needed them to make a new lease. On Joseph's death [in 1641], manor law stated that all perpetual tenants had to pay the appropriate "fines" to have their tenancy agreements altered to give the name of the new Lord of the Manor, but when John, who had inherited the mill tenancy, attempted to pay the £20 which he believed was due, William, as new Lord, refused it, and the £4 rent. Instead, being still in possession of all the deeds, he drew up a new lease for a new miller, John Copland ("one of his household servants") and commenced a lawsuit in the Court of King's Bench against John Tubman, who refused to leave. Tubman, in his counter-suit, is claiming £100 damages.

Pennington, in his reply, confirmed that his ancestors had "tyme out of mynd of man" been owners of the manor of Muncaster, including its water corn mill, which they rented out. However, he had evidence that the mill had not been made by Tubman's ancestors- earlier tenants had included one Senhouse, and Thomas Eaglesfield (who had rented it for £3 yearly). They also had ancient rentals relating to an agreement they had made with the ancestors of John Irton Esq. of Irton, allowing them to take water from the River Mite (which forms the boundary between Muncaster and Irton, so the Irtons, as Lords of the Manor of Irton, had rights over the use of its water). Pennington also hopes to prove that Richard Tubman had in fact had more than one full 21-year lease of the mill in his lifetime, at £4 yearly. Also, any provision in the leases for the supply of timber for repairs was included by Joseph "out of the love and favour which he bore to the said Richard Tubman then his servant"- but finding that this was placing a heavy burden on his woods, he removed this clause from later leases. According to Pennington, when Richard died, about half-way through a 21-year lease term, he allegedly declared on his death-bed that he did not intend Joseph to retain the mill beyond the end of that lease term, and in his will he actually bequeathed his interest in the mill to his younger children, so that John had to negotiate with his siblings and the executor of Richard's will, with the help of family friends, for the right to take over the mill. The ending of the lease, about five years ago, co-incided with the early stages of the Civil War, and Penningon suggests that John took advantage of the "distracted tymes"to hang on to the mill. However, in or about January 1647 (1646 Old Reckoning, or 22 Charles I) Pennington made a new lease of the mill, to John Copland, for the purpose of bringing the matter to court. He has also commenced his own legal action against John Tubman and John Newby to recover profits from the mill since the old lease expired, which he believes should belong to him. Pennington denies having Tubman's deeds, denies that Richard Tubman held the mill on a perpetual tenancy, denies that his father used threats to make Richard agree to 21-year leases, or that his father agreed to automatic renewal at the end of such a 21-year lease.
[This bundle of documents does not contain any information on the outcome of the case]

Agreement by Edward Burrough of Carleton in Drigg, 25 Feb 1755:
to pay £10 [?- not very legible] to Sir John Pennington, Lord of the Manor of Muncaster for permission to retain the orchard fence he has made on waste ground by Muncaster Mill; he also undertakes not to disturb the tenant of the mill

Finally, a few cases and orders from the Muncaster manor court books [WRO D/Pen/184]:
23 Nov 1680: John Steaphenson presented for not keeping the mill's flood-gates in proper repair; he is ordered to make repairs before Candlemas.
Isabell Thompson, widow, is presented for taking away half an old millstone from the mill.
"Thomas Booth q. of Joseph Ffilbeck" for a millstone "sess", 3s 11d [a compulsory payment for upkeep of the millstones, like rates or taxes]

4 March 1689\90: John Bouth and several other "suckners" to the mill "made great complaint of manifest wrong committed by ye Miller". John Stephenson was therefore ordered to change the miller, or otherwise remedy the problem. Penalty for non-compliance, 6s 8d

27 Jan 1697\8: William Caddy, William Ffrears, Edward Ffrears, Nicholas Walker, William Troughton & John Kitchine were appointed to check the millstones and to arrange for the "sess" to be charged when necessary to buy new stones etc.

4 Feb 1700\1: An "Antient" assesment record indicates that the households above Stockbridge should pay between them 10s 6d of every pound of the millstone "sess"; those below Stockbridge 9s 6d

11 Mar 1707\8: All tenants are ordered to repair the sections of the Fell Lane hedge for which they are responsible by 25 Mar; the fell hedge belonging to the mill is also to be repaired [apparently by co-operative effort among the tenants, not by the miller].

14 Feb 1716\7: A copy of the award of 29 Nov 1623, referred to above, is entered here in the court book.

18 Apr 1719: William. Ffrears, William Thompson, another William Ffrears, William Dixon, William Ponsonby & Hugh Birket are appointed to be responsible for the millstone "sess" [as above 1697/8]

20 Apr 1720: Tenants who share responsibility for maintaining the mill race are to meet on 2 May between 10 and 11 am to divide the work between them. Penalty for default, 1s 8d