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Even the very diversions of the children had a reference to this border enmity. The boys to this day have a play which they call Scotch and English; which is an exact picture in miniature of the RAID, that is, of the inroad by plundering parties. The boys divide themselves into two companies, under two captains, who chuse their men alternately. Then they strip off their coats, the one party calling themselves Scots, the other English. They lay their cloaths respectively all on a heap, and set a stone as it were a bounder mark between the two kingdoms, exactly in the middle between their heaps of cloaths. Then they begin to make incursions into each other's territories; the English beginning with this reviling expression, "Here's a leap into thy land, dry"bellied Scot." And so they plunder and steal away one from another all that they can lay their hands on. But if they can take hold of any invader within their own jurisdiction, either before or after he catcheth his booty, which they call a wed, (the same being a Saxon word, waed, weda, weed, not yet quite out of use, signifying cloathing) unless he escape clear into his own province, they take him prisoner, and carry him to the wed or heap of cloaths, from whence he is not to remove till some of his own party break in, and by swiftness of foot lay hold of the prisoner, before he himself be touched by any of the adverse party; which if the adversary do, he hath rescued his man,

and may carry him off without molestation. And thus sometimes one party will so far prevail over the other, what with plundering, and what with taking prisoners, that the other shall have nothing at all left. It is a very active and violent recreation.

The BREAD used by all persons of condition in this county is made of wheat, but the common people eat oaten bread (as they do also in Scotland, hence the abovementioned sarcastical expression of dry-bellied Scot); for the supply whereof in this county, there is not a sufficient quantity of oats grown within the county, but they receive many loads thereof every week out of Cumberland, and some out of the counties of Lancaster, York, and Durham The land in Westmorland yielding better for grazing. And therefore they breed a large number of cattle yearly, and sell them out at three or four years of age*.

And they make a considerable advantage by the sale of butter, especially since the turnpike road was made over Stanemore, whereby a communication by land-carriage is opened to the sea-port towns, from whence they supply the London markets. Westmorland hams also, which are cured in the smoke of peat fewel, are much preferable to those cured elsewhere in the coal fire chimnies.

* Oaten or yot-bread is seldom used now in the Bottom of Westmorland. Brown-bread-bread leavened and made of Mashelden (wheat and big or wheat and rye mixed) is more

common.

In the article of CLOATHING, they have departed of late years from their ancient simplicity. Their forefathers were wont to cloath themselves with their own wool manufactured at home, which wool is now bought up for the use of the manufacturers at Kendal and in the West Riding of Yorkshire. Clogs, instead of shoes, some labouring people still wear; the upper part whereof is made of strong curried leather, and the sole of wood shod and bound about with iron.

The LANGUAGE of the country people hath large remains of the ancient Saxon. Which shews, that although William the conqueror granted the lands to some of the principal leaders amongst his Normans, and they to other mesne lords their countrymen; yet they did not dispossess the ancient inhabitants entirely, but granted to them lands to hold under the respective mesne lords, or otherwise kept them in a state of villenage.

THIS County is divided into two great baronies; the BARONY OF KENDAL, and the BARONY OF WestMORLAND this latter is sometimes called the barony of Appleby, but most commonly in ancient times the barony of Westmorland.

The HUNDREDS in this county are distinguished by the the name of WARDS, and are four in number; being the districts of the like number of High Constables, who presided over the wards to be sustained at certain fords and other places, for repelling plundering parties out of Scotland. Two of these

wards are in the barony of Kendal, to wit, Kendal and Lonsdale Wards; and two in the Bottom, called East and West Wards: There was anciently a Middle Ward between these two last; but since watching and warding ceased, that hath fallen into and been absorbed by the other two.

+ Real property here for the most part consists of Customary freeholds of inheritance, or Tenant-right; that is to say, held according to the Custom of the Manor; the Tenant having a freehold interest, but not a freehold tenure. It is conveyed by Bargain and Sale and Admittance, not by Surrender and Admittance as lands of Copyhold tenure are. Copyhold was made willable, or devisable by will, by the 55 Geo. III., c. 192 (12th July, 1815), without a prior surrender to uses as sanctioned by the Custom of some Manors. Customaryhold was made willable by the 1 Vict. c. 26 (3rd July, 1837). It should also be observed that an Act was passed on the 21st June, 1841 (4 & 5 Vict. c. 35), for facilitating a voluntary enfranchisement of such lands. + By custom within the barony of Kendal, the WIDOW enjoys the whole customary estate during her widowhood; or, as others say, during her chaste viduity. Whether such distinction ought to be admitted, custom hath not established. To the honour of the sex, there is no instance upon record, that we know of, wherein that matter hath been contested. And in the survey which was made by order of queen Elizabeth in the 16th year of her

VOL. I.

reign (as will hereafter appear) this distinction is not taken notice of; it being there expressed, that "she shall enjoy her husband's tenement during her widow's estate." And in the decree which settled the customs in all the crown manors in the reign of king James the first, the words are, that "she shall enjoy her husband's customary estates during her widowhood."

And for this widow's estate is due to the lord an HERIOT; which, as the widow could not go to war, was a recompence, in order to provide things necessary for the marching of the army; as the word heriot imports, being of Saxon original, derived of here, an army, and yate or gate, a march or expedition. And this heriot was anciently the best beast of the deceased. In some manors custom hath obtained, for the lord to have the best of the quick or dead goods at his option.

In some places also are claimed parcel heriots, that is, an heriot for every parcel of land acquired to the original estate. This perhaps should mean, for every ancient military tenement, upon this reason, that if a man purchaseth two tenements, which before paid two heriots, the lord shall not lose his benefit by those tenements coming into one person's hands. This distinction of tenements, though several of them be now enjoyed by one person, yet is still kept up in many places, those estates being called emphatically by the name of Ancients, which respects particularly the ancient

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