Scotland

An undated document found within the Dickson, Archer and Thorp collection tells the heart-wrenching story of John Walker and his young family. The Walkers were forcible ejected from their home in Warkworth due to their Scottish ancestry. The document details the terrible treatment of the Walker family by their Warkworth neighbours, and its author requests legal advice from the Dickson, Archer and Thorp firm regarding how to proceed with what has become a complex and sensitive issue involving three warring parishes.

The case probably occurred in the mid-1800s. John Walker, his wife and four children had been residing in a room in Warkworth for two years. John earned a living as a shoemaker, working for different masters. Due to a prolonged period of illness John was unable to work for a time, and his family received temporary poor relief from Warkworth’s overseers of the poor.

The Walkers were of Scottish origin and had been granted legal status to settle in England a few years prior. The people of Warkworth, reflecting nineteenth-century anti-Scottish sentiment, were “devious” and had been conspiring to push the Walkers out of their village. They saw an opportunity with John’s illness and forced his shoemaker master to stop giving him work once he recovered. They then bullied his landlord into seizing his rooms and articles of furniture.

Warworth Church © Mick Knapton. Creative Commons Attribution-Share Alike 3.0 Unported License.

Despite such cruel and unfair treatment the Walker family refused to leave the parish; probably because they had no place to go. The overseers then took legal action to achieve their aims. They escorted the family to be examined by two local Justices of the Peace over their legal right to settle in England. During the examination John explained that, whilst he had been born in Inverkeithing in the “shire of Peebles”, he had been granted legal status to stay and work in England. However, the Justices sided with the scheming overseers and signed a warrant to forcibly send the Walkers to the parish of Peebles. The family were to be accompanied to Scotland by Warkworth’s overseers.

Once in Scotland the family were delivered to the clerk of the Kirk Sessions for the parish of Inverkeithing. A meeting was called by Kirk members and they decided to refuse settlement, even though John had been born in the parish, as he had also resided in a place called Penicuik for many years. The Walkers were then forced to travel to Penicuik, Scotland under instructions to settle there instead. But the Penicuik overseers also refused entry and sent the family back to Warkworth.

The family were left with no other option than to return to Northumberland. They were “fatigued and exhausted with so long a journey in an open cart in severe winter weather, they remained a few days in a lodging house in Alnwick to refresh themselves.” When they finally arrived in Warkworth John demanded he be treated justly and granted entry. He also insisted on having his previous lodgings returned to him. The overseers complained loudly about the Walkers return and John went to the house of the resident magistrate to plead his case. But the magistrate was one of the Justices who had signed the original warrant and the Walkers were once again denied settlement in the parish.

The family were forced to make the eight mile trip back to Alnwick in awful winter weather. This final journey was almost fatal to their youngest child. John went to the Alnwick overseers of the poor and made a complaint against the conduct of the Warkworth parish. The Justices of Alnwick demanded the Warkworth overseers came and answered these astonishing claims of cruelty and mismanagement. Whilst the overseers obeyed the summons and traveled to Alnwick, they still refused to grant the family access to their old lodgings. The Warkworth overseers claimed they had obeyed the law by delivering “paupers” to their parish of origin, and maintained that they were not responsible for what had occurred after they had issued the warrant. They also told the Alnwick overseers to “do their worst,” but warned that they would stand by their original decision.

Exasperated, the Alnwick overseers requested legal advice from the Dickson, Archer and Thorp firm. The firm returned a final and damning opinion. They called the conduct of the Warkworth overseers “very disgraceful” but warned it would be difficult to punish them “as they deserve.” They suggested obtaining an indictment against the Warkworth overseers on grounds of conspiracy (based upon their initial scheming behaviour). Due to the absence of dates it is difficult to find any further record of John and his family, although it is hoped the Warkworth overseers received a suitable punishment.

We would like to thank the volunteer who kindly listed the documents relating to this case.

As Northumberland is the most northerly English county the history of its manors is tied very closely to Scotland and its history. War has shaped the fortunes of many manors, but this is also the case with cooperation between the two countries. The connection between them is local, not just national, and Northumberland’s manors have played a role in that history. The whole picture is far too detailed and interesting to deal with in a short blog post, with so many wars, conflicts, rebellions and raids, but we can look at what impact the relationship had on the way manors were run and the terms they used.

Wark-on-Tweed manor has a fascinating cross border history, and has changed between being English and Scottish at different times in its history.

Early in manorial history many manors were owned by the Scottish Kings and noblemen. For example in 1279 the kings of Scotland rented two thirds of Bellingham Manor to the Bellingham family by a Serjeanty, or condition, where the Bellingham family acted as the king of Scotland’s forester in Tynedale forest. Eleventh and twelfth century conflict between the countries changed this ownership. The king of Scotland’s portion of the manor was seized by Edward I during war with Scotland and was later given with other lands to Edmund earl of Cambridge, later duke of York, by his father Edward III. Edward III forced the Scottish king and nobles to give up the southern counties of Scotland in 1334, and nobles forfeited their estates in England, including Patrick V earl of Dunbar whose manor of Middleton Hall was granted to Henry Percy.

Warfare damaged the crops in many manors, bringing no income for the lord of the manor and famine for the inhabitants. A number of manors were expected to provide soldiers and equipment in peace and war, such as Corbridge which had to provide one man! A lawsuit of 1579 over a small holding at Burton shows that land tenure in Northumberland still came with a requirement to serve in protecting the border. Peles and other fortified dwellings were often built by the lords of manors for safety. Even manors a good distance from the border were vulnerable, with Longhoughton described as ruined and waste after wars in 1368, and from cattle raids in 1573. Border reivers operated from both sides of the border, and watches would be kept for reivers in many places. One example from the Order of watches in 1552 shows a night watch was kept between Hitchcroft in Shilbottle to Rugley in Alnwick by ten men from Shilbottle, Whittle, Sturton Grange, Birling, High and Low Buston, Wooden and Bilton townships.

However it is the everyday business in manorial documents that show the connection – Scottish law and terminology was sometimes applied across the border. We have below a few Scottish terms we have found in the manorial records.

We found ‘Grassum’ was paid in what is known as the West Water manors (the manors of Melkridge, Henshaw and Ridley & Thorngrafton). This was paid every 21 years from 1758-1885 for some of the leasehold tenements, and recorded in one book for the purpose (ZBL 66). Looking at a few Scottish law sources this can be a sum paid by a tenant at a renewal or grant of a lease, or a single payment made in addition to a payment such as rent or feudaty. It might be comparable to the English term premium. It is hard to say why Grassum would have been paid there, or for how long the practice was carried out. The key may be right back in the early history of the manors, when they were owned by the Kings of Scotland and leased to a number of noble Scottish families such as the earls of Athol and earls of Badenoch.

As covered in a previous post, there were numerous jobs associated with the manorial court, and Scottish roles were similar to many in the English manor courts. For example in Norham, now a small English village on the banks of the River Tweed overlooking Scotland, we find the Scottish term ‘Land liners’ used. Within Scottish burghs, as in the English equivalent, Boroughs, the inhabitants (burgesses) were entitled to a ‘burgage plot’ of land. Whilst in an English manor a ‘fence-looker’ would check the legality of such boundaries, in Scotland and Norham, the term ‘land liner’ was used for this official who measured out and checked the size of the burgage plots.

Our project is continuing to compile the history of each manor at a time and through doing so will be continuing to post about the interesting terms and stories we find.

The Northumbrian County Histories Volumes I, V, and XV have been of great use in the preparation of this blog, as have The Concise Scots Dictionary and Law Basics: Glossary of Scottish Legal Terms (O’Rourke and Duncan).

The Story of John Walker

St Andrew’s day – Scottish law in Northumbrian manors