An Indenture of lease and release dated 21 October (5 George III),
1765, recites the following:—
Whereas by indenture made 23 and 24 May, 1723, between Sir
Lawrence Anderton of Lostock, co. Lancaster, of the 1st part, others of
the 2nd and 3rd parts and Christopher Tilson of St. Margaret's, Westminster of the 4th part; in consideration of the sum of £4,500 to be
paid by Christopher Tilson to Sir Lawrence Anderton, etc., he the said
Sir Lawrence did grant bargain and sell to C. Tilson his heirs, etc., all
that the Ancient Castle of Kendal with the Park Lands for ever.
And whereas by Indenture bearing date 1 and 2 November, 1727,
between Ch. Tilson of the 1st part, and John Huggins "the younger"
of the other part reciting that the name of Ch. Tilson was made use of
only in Trust for the sd John Huggins and that the sum of £4,500 paid
to Sir L. Anderton was the proper money of the sd John Huggins. It
is witnessed that the sd Ch. Tilson did release and convey to John
Huggins all that the Ancient Castle, etc.
And whereas the sd John Huggins died 13 Jan., 1735 intestate and
the sd Castle and lands descended upon William Huggins, of Headley
Park, co. Southampton, as brother and heir at law—And whereas
several indentures of mortgage were made bearing dates respectively
the 23–24 March, 1738; 11 and 12 March, 1747; 16 and 17 May, 1754;
18 and 19 June, 1762. And whereas the sd William Huggins did
bequeath by his will dated 26 May, 1761, all that the Ancient Castle,
etc., to his sons in law Sir Thomas Gatehouse, of Lower Wallop, co.
Southampton, and the Rev. James Musgrave, Doctor of Laws, co.
Oxford, in Trust for his three daughters and coheirs. . . . . Then by
the Indenture made 21 October, 1765, Between the mortgagees Mary
Joye, widow, and relict of James Joye, late of Acton, Charles Joye of
the Inner Temple, Peter le Keux of Spitalfields; and Sir Thomas
Gatehouse, one of the two residuary devisees named in the last Will
of William Huggins and Dame Anna Maria Gatehouse his wife, and one
of the three daughters and coheirs of William Huggins, the Rev.
James Musgrave of Chinnor, co. Oxford, Doctor of Laws, the other
residuary devisee and Jane Musgrave his wife and one of the three
daughters and coheirs of the 1st part, and James Coulthard of London
of the other part. Witnesseth that they have bargained, sold, etc.
unto the sd James Coulthard his exors., etc. all that the Ancient Castle
and Lands to have and to hold. . . for the term of one year. . . to the
intent and purpose that the sd J. Coulthard be enabled to accept and
take a grant of lease in favour of Thomas Holme of Kendal, esq., James
Dowker of Kendal, gent., and Benjamin Hall of Newton in Cartmel,
This Indenture made 22nd October (5 George III), 1765, Between Sir
Thomas Gatehouse of Lower Wallop, co. Southampton, and the Rev.
James Musgrave, Doctor of Laws, co. Oxford of the one part, and
Thomas Holme of K. Kendal, esq., James Dowker, of K. Kendal,
gentleman, and Benjamin Hall of Newton in Cartmel, co. Lancaster,
gentleman, of the other part. Whereas the said Thomas Holme,
James Dowker and Benjamin Hall have purchased of the sd Sir
Thomas Gatehouse and James Musgrave the Castle messuages, lands,
tenements. . . . for the price of £12,450 Now this indenture Witnesseth
that for and in consideration (of the sd sum paid and which sd sum is
the same as) is mentioned in an Indenture of Release bearing even date
with and intended to be executed immediately after the execution of
these presents and made between Mary Joye of St. Margaret's, Westminster, widow, and relict of James Joye, decd, Charles Joye of the
Inner Temple and Peter le Keux of Spitalfields, esq., of the 1st part
and the sd Sir T. Gatehouse and Dame Anna Maria Gatehouse his wife,
the sd James Musgrave and Jane his wife and Anna Maria Huggins of
Lower Wallop, sp., of the second part, the Hon. Annabella Erskine of
Lower Wallop of the 3rd part, James Coulthard of Breams Buildings,
London of the 4th part, and the sd Thomas Holme, James Dowker and
Benjamin Hall of the 5th part. . . . They the said Sir T. Gatehouse and
J. Musgrave have and each of them hath bargained sold and confirmed
unto the sd T. Holme, J. Dowker and B. Hall all that the ancient Castle
of Kendal with the Close called Castle Hagg containing 33 acres 0.24.
And also the several Closes, called Far Hagg, Middle Hagg and Near
Hagg, containing 22 a. 3 r. 30 p.
Also the farm called the Parks and the several Closes, called the
Low Park = 13 a.; the New Close =4 a.; the Bracken bed =4 a. 3 r.;
the Orchard Green = 3 a. 2 r. 38 p.; the near Oxenholme = 8 a. 3 r.;
far Oxenholme = 6 a. 2 r. 30 p.; the middle Oxenholme = 7 a.; Low
Oxenholme = 8 a. 2 r.; Round Close = 4 a. 1 r. 30 p.; the Parrock=
I a. 38 p.; Walker Close = 2 a. 3 r.; Low Mire= 3 a. 3 r. 33 p.; two other
Closes called High and Low Skiprigg= 3 a. 2 r.; Hunter Close=9 a. 38 p.;
Cow Close = 6 a. 35 p.; two other Closes called the Parrocks adjoining
to the messuage house = 1 a.; Mires and High park = 60 a. 2 r.; also a
messuage or tenement commonly called Johnson Hill together with a
Close called Speight Bridge Close = 3 a. 2 r.; Broomfield = 2 a. 2 r.;
Barn Close = 2 a.; Back o' Barn Close = 1 a. 3 r.; Bryar Close = 2 a.;
Johnson Hills = 2 a. 2 r.; the Moss = 6 a.; Old Barns field = 5 a. 2 r.
A total of 175 a. o r. 2 p.
And also all that messuage and tenement called Murley Moss with
the several Closes called Broomy Close = 2 a. 2 r.; Brackony Field=
3 a. 2 r.; three other closes called the Little Fields = 4 a. 3 r.; Scanny
Dale = 4 a. 34 p.; Post Close = 3 a. 35 p.; also other Closes called
High Akerigg = 6 a. 1 r.; Three-acre Close = 3 a. 2 r.; Long Field = 7 a.
1 r. 36 p.; Barn Close = 5 a. 3 r.; Great Akerigg = 6 a. 1 r.; Brant
Brow = 4 a. 2 r.; Four-acre Close = 6 a. 1 r.; Stack Close = 4 a. 2 r.;
Footgate Close = 4 a. 1 r. 32 p.; High and Low Moss = 7 a. 1 r. A total
of 74 a. 1 r. 17 p.
And also all that messuage or tenement called Castle or Park Green
together with the several Closes viz: Round Hill or Great Close = 8 a.
1 r. 35 p.; Buxton Brow = 5 a. 2 r.; Middle Pasture = 6 a. 2 r.; Mitchel
Hill = 17 a. 3 r.; Long Close = 6 a. 3 r. 37 p.; Top of Buxton = 8 a.; Low
Buxton Brow = 4 a.; Bushey Close = 7 a. 1 r.; New Close = 3 a. 3 r.;
Broom Close = 2 a. 1 r. 38 p.; Barn Close = 2 a.; Podnott = 1 a. 2 r.
A total of 74 a. o r. 30 p.
And also all those two Closes called Great Lound = 13 a. o r. 3 p.
And also the several Closes viz. Bird's Park = 125 a.; five other
Closes called Rowley Wife fields = 12 a.
And also the several Closes, viz.: Rowley Wife Close and a barn
standing thereon = 3 a. 3 r.; Hillfield = 5 a. 1 r. 35 p.; Tram Close=
1 a.; The Bank = 1 a.; Broom Close = 2 a. 34 p.; New Close = 1 a. 1 r.;
Corner Close = 4 a. 2 r. 30 p. A total of 19 a. 1 r. 19 p.
And also Peat Yeat Close = 13 a. 2 r. 30 p.
And also all those 5 Closes called The Tarn Closes = 50 a. 2. 27.
And also a part of common land known as Broad Ing = 12 a. 2 r. 11 p.
And also all those several Closes viz.: Potter Tarn = 8 a. 3 r.;
Burnthouse Close = 5 a. 34 p.; Little Lound = 3 a. 30 p.; The Strips=
1 a. 1 r.; Long Lound = 8 a. 3 r.; Bullmire = 9 a.; Millmire = 4 a.;
Havebrack with a barn standing thereon = 4 a. 2 r. A total of 44 a.
2 r. 24 p.
And also all that Close called Woodcock Hill = 4 a. 1 r. 13 p.
And also all that Close called Footgate or Hoodgate Close = 2 a. 3.r
And also all that Close called Spindlewood = 47 a. 1 r. 10 p.
And also two-thirds of a Close called Pott Green = 24 a. 3 r. 28 p.
And which sd messuages, lands, tenements, etc. were sold by auction
at the Crown and Rolls Tavern in Chancery Lane on Monday 14th
January, 1765, offered by Sir T. Gatehouse and James Musgrave and
bought by James Coulthard for and on behalf of the sd T. Holme, J.
Dowker and B. Hall at and for the price of £12,450 . . . . late of him
the sd William Huggins of K. Kendal . . . . To have and to hold the
sd Castle and lands . . . In witness whereof.
N.B.—The measurements are according to Mr. Crackenthorpe's
II.—WESTMORLAND COUNTY COAT OF ARMS.
The history of the County Arms is as follows:—On the 22nd June,
1922, the College of Arms acknowledged the receipt of a petition for
a grant of Arms, signed by Col. J. W. Weston on behalf of the County
Council, and a cheque for fees etc. amounting to £76 10s. The late
William Farrer, Litt.D., the author of the first two volumes of these
Records, had been consulted about the design as far back as 1920 and
he had written to his friend Mr. Paul Rylands for suggestions. On
3 July, 1922, the College of Arms forwarded sketch A., embodying
Mr. Ryland's ideas, viz.: Chequy or and azure (for Clifford), two Bars
wavy gules each charged with three Annulets argent (after Vipont),
a Canton of the third charged with a lion rampant of the first.
The present author, then in collaboration with Dr. Farrer over these
Records, objected to the design as representing the northern section of
the County only, and prepared sketch B. showing the de Lancaster
arms, as barons of Kendale, impaling the ancient civic arms of Appleby;
and for a Crest a Herdwick ram statant upon rocky fell-land. On 15
February, 1923, the College pointed out the difficulties of adopting such
a design in that (1) an impaled coat represented a marriage and was
not applicable to a union between North and South Westmorland, and
(2) that it would be impossible to retain the Royal Arms of England,
as on the Appleby civic coat, without a Royal Warrant.
Accepting the de Lancaster and ram suggestions the College submitted in March, 1923, sketch C. for approval, viz:—Or, four Bars gules
the upper one charged with two Annulets of the first, and a Canton
azure charged with a lamb proper. The sketch was not approved by
the County Council and there, partly in consequence of Dr. Farrer's
death, the matter rested for three years.
On 16 March, 1926, the present author prepared sketch D. showing
the Appleby golden Apple-tree on an azure field with the de Lancaster
arms on an Escutcheon of Pretence in lieu of the forbidden Royal
Arms; for Crest a Herdwick ram statant as before. But the Escutcheon of Pretence did not find favour with the College for the same
reason as they set aside the impaled coat.
On 31 March he paid a personal visit to the College by request and
there settled upon the design to be aimed at, viz: instead of endeavouring to gain the idea of union between North and South
Westmorland by impalement or by an escutcheon, to boldly overlay
one coat upon the other It was Col. Weston who suggested a ram's
head, as illustrated in Garnett's, Westmorland Agriculture, p. 154,
instead of the statant Herdwick for a crest. Design E. embodying
this scheme was worked out by the author on 5 April, submitted to
the County Records Committee on 11 May, when it was approved and
initialled by Col. Weston in accordance with his powers. It should
be said that the choice of a Ram's head for a crest was not
unanimous, a minority of the Committee preferring the more artistic
head of a Curlew.
The design immediately received the approval of the College and the
Patent of Arms was received by Mr. H. B. Greenwood on the 3rd day
of June, 1926, as follows:—Argent, two Bars gules (atter de Lancaster), over all an Apple-tree with seven branches fructed and
eradicated or (after the Appleby civic arms). Crest, On a wreath
of the colours a Herdwick Ram's head (affronté and erased) proper,
charged on the forehead with a Shearman's Hook, or.
Throughout the long protracted period Archibald G. B. Russell,
esq., the Lancaster Herald, with great courtesy and patience endeavoured to fulfil the County's wishes in the whole matter.