Family History Notebook
Page last updated 12th August 2007

Eskdale 24 Book of 1587

The excellent site on Eskdale - "Past Presented" - includes the following transcription which has been copied here by kind permission of David Bradbury to allow me to hyperlink cross-references between it and individuals in whom I am interested

The farmers of Eskdale relied very heavily on common pasture for their sheep and cattle. One function of the manor court was to regulate the use of such common land, and for the manor of Eskdale with Miterdale a court ruling from 1587 has survived thanks to later copying. Because the court jury which agreed it had 24 members, it is usually known as the "Eskdale 24 Book". The two copies I have been able to find are, unfortunately, very late- one made in 1794 and the other copied from that in June 1840. As the available 1794 version is not the original but a mediocre photocopy [under "Eskdale Commons" in the Whitehaven Record Office local information filing cabinets] most of what follows is from the 1840 transcript [Whitehaven Record Office, in Churchwardens' records, ref. YPR 4/16] checked against the photocopy.

The document consists of:
A set of revised regulations, made in 1659
The introduction to the 1587 award
The 1587 regulations for sheep pasture
Miscellaneous 1587 regulations and judgements
The 1587 regulations for cattle pasture

The following is a transcript of the introductory matter to the original 1587 award, with details of the shared pasture on Burnmoor.


"Be it known unto all Men by these Presents
That this is the Award, Arbitrament and End of the four and twenty sworn Men of the Lord's Tenants in Eskdaile, Miterdaile and Wasdailehead, Elected & Chosen throughout the said Lordship, for the right Commodity, Profit and Benefit of Common and perpetual Order and Stay amongst all the Lord's Tenants within the said Eskdaile, Miterdaile and Wasdailehead by the Consent of [blank] Braythwaite Esq., officer and steward to the Right. Honble. Henry Earle of Northumberland.
The which four and twenty Men whose Names do follow and sworn upon their Corporal Book Oaths, That is to say Christr. Vicars, R [blank], Wm. Nicholson, Thos. Dickonson, Richd. Tyson, Edwd. Tyson, [blank] of Spouthouse, Robert Jackson, Thos. Fisher, [blank], Heny. Nicholson, [blank], Nicholas Hartley of Longrogreen, Wm. Nicholson, Forester, Nicholas Nicholson, Wm. Nicholson, Jn. Wastel, Nicholas Wastel, Forester, William Wastel, Nicholas Dickonson, John Fletcher Senior, John Fletcher Junior, Nicholas Stainton and Thomas Stainton."

[hereafter, material not in quotation marks is summarised]


Burmer Moore common pasture for the geld goods of the Lord's tenants (cattle & horses in summer)


The boundary begins "at Newdike Even on Cafell Gate in the Skarth Green, to the Low Bothhow even as the Browedge maketh the Groundmark to it against over to the Roundhow of and upon Langrigge and thereby to the Southside of Langrigge, and away by the great Stone in Swinside and streight over Whillon [blanks] Shearegreen and as the Way goeth on Cookrigge to Olivergill over at [blank] Foot to the Hardrigge-end to the Small Riggehead and to the Green at Graingillfoot, and to the hol'd Stone in the Highway and so to the Gate in Cafellend"

Wasdale Head tenants may graze their cattle & horses on the said moor in summer, "All which they Winter without changing or taking others except every one of them one Horse to work withall, and they to have the said work horse or caples but one month in Summer time to lead or carry their Peats with on the said Moore and but one Month every Year for that Purpose as reasonable weather cometh, that is to say between the Feast of Philip & James the Apostles, and the Feast of St. John the Baptist next after, and not any other Ways": penalty 6/8 to Lord. "And if any of their Goods be in any Man's Sheep Heath that they shall either keep them upon the hollow of the Moore else take them clean away after such time as they have lawful Warning to fetch them": penalty 6/8 per default. "And if the Tenants of Wasdailehead have goods to fulfill the Stint amongst themselves that they shall not take any kind of Cattle": fine 6/8. "And if they have not Goods amongst themselves to accomplish their Stint that then they shall take great Goods till they have their Stint and keep them upon their own proper Fells, and not on the Moore. And the said tenants of Wasdailehead at Belten when they bring their Goods to the Moore, that they shall put them to Maidencastle, and the said Tenants shall daily, when their Goods come back into the said Fence, turn up again to the said Maidencastle": fine 6d per default. "And turn their Sheep up daily at Read gill and Rakerigg gill": fine 6d per default.

"Tenants of Eskdaile and Miterdaile shall at every Spring Time put up all their Geld Goods, Cattle and Horses unto the Hollow of the Moore": 6/8 per default, "Except Men for their own pleasure keep their workhorses at Home. And every Tenant within the Lordship shall, within a fortnight next after Michaelmas yearly, take all their Goods of the said Moore into their Cowpasture": fine 6/8. "And provided tenants above Bleabeck excepted and aliened to hold no Goods upon the said Moore and to keep their Goods upon themselves off their Neighbours' Grounds after the said Time of thirteen Days after Michaelmas": fine 6/8. "Every Tenant shall on the Even of All Saints take all their Goods into their Feilds every Night": fine 6/8. "No maner of Persons shall turn any Goods upon the said Moore in Summer Time": fine 6/8 per default, "and every one to have their Sheep lying in their own Cowpasture in Winter Time at their own Discretion."

The following is a summary of the sheep pasture regulations from the original 1587 award. All material not in quotation marks is summarised.

SHEEP DRIFTS AND HEAFS


TENANTS OF MITERDALEHEAD
Sheep drift of these 3 tenants "to bring their Sheep from their Foulds at all Times of drawing down along the Beck to their own Houses, and when they have clipped their Sheep to go up at Ellerhow: And their Sheep when they have washed them not to go beneath their Peatgate ... they to stay their Sheep above within their Cowpasture where they like."

NICHOLAS NICHOLSON
Drift "from his House over the River called Mite at the Foard at Henry Nicholson's Close foot and up to the Lane or Way between the Intack and the Close and turn at the Head of the said Lane and up the Gate away by Henry Nicholson's Scale-house and so to the Grein foot, and then as they think good at any Place within his own Ground till he come to the Copp or Copthow without the Grainhead on Colemoss and turn their Heads back again on his own Ground, and his Sheep shall be turned into the Brackenwray that they shall go over at the higher Foard at the little Greinfoot and drive them into the Head of the said Brackenwray and then turn them on his own Ground: And if his Sheep go into the Dalehead Fells that he shall then go about them on the overside, and turn them down again on their own Ground and if his Sheep go into Lowplace Fell that he shall likewise go on the overside of them and turn them back again into the Head of the said Brackenwray, and when he driveth his Sheep to the Southside of Mite that he shall drive them forth at gaite Coat till they come to the Northside of the Broadhow."

HENRY NICHOLSON OF BAKERSTEAD
..."he shall drive his Sheep from his own House, he shall go away on the backside of his Fields till he come at his Scalehouse and by his own Ground till he come above Stephenson's Fould, and let them go then what way they take best, and when he bringeth them back again to the South side of Mite, that he shall bring them down at the Crossgreens over his own Foard at his Closend and so drive them even up to the Rough-how, and so to the Westside of the Broadhow and from his own House he shall drive them up on the otherside of the Newgarth both Home to the Bakerstead House."

LOWPLACE
William Nicholson's drift: ..."from his own House upon the Netherside of the white Borran upon the Netherside of Scalehow and Holegillhead of the Netherside of Gray Cragg till he come to Garbet powes, and when he driveth his Sheep to the uppermer Heath, that he shall drive them up along Scrithes edge to the belled Cragg till he come to the Potts where the new Dikehead was, and there meeteth the Sheep of Dalehead and the Sheep of Lowplace and this to be the Lowplace Way to & fro: And when he driveth his Sheep to the upper end that he shall drive them upon the upper Side of the Bakersted Fields, and through the Brackenwray till he come to the small Groves, and to drive them at his Will and Pleasure on his own Ground, and that the Tenants of Lowplace shall have 40 Ewes in Bleakbank in Lambing Time and there to Lamb of the South side of Mite, and to have his Sheep from such Time as he hath washed them till they be Clipped."

LOWHOLME
Tenants: ..."over the Rough Cragg and through the Green in Bleakbank, and over the overmer Foard at Storbeck and over Atkinson's Foard and up at Atkinson's Gate foot, and forth at the Low Steel of the Wh[blank], and forth at Whinny edge and let them go & when he brings them over Mite again to the Southside, that he shall bring them the same Way Home and when they are on the South Hand that he shall drive them to the Longhow."

LANGREGREEN
Nicholas Hartley's drift: ..."from his own House upon the backside of Rakerigg till he come to the Bangarth, and up at Stepstone and in at high Starbeck green and over at Atkinson's Foard and up at the Esh, and between Scalehow and the End of the Whins to the high of Gray Cragg and let them go, and when they are on the Southside of Mite that he shall drive them to the Long how Hights and to leave them in any Place within his own Ground's Drift."

YEATHOUSE, RANDLEHOW & HOLLINGHOW
Edward Woodend & Chris. Hartley at Yeathouse; John & Robt. Dickonson at Randlehow to drive same way as Langregreen tenants as far as Bangarth. Hollinghow tenant to drive up his own ground to Bangarth. Thence all three: ..."over Starbeck green and over Atkinson's Foard and up Atkinson's Gate till they come forth at the Gatehead even against Hinging stone and to drive to the Green between the Gillheads and to leave them at any place within their own Ground, the Hinging stone to be the Groundmark between Bakerstead and them at the Netherside, and on the Westside, the third between the Nethermost Greingill, and Stephenson's Fould to be the Ground-mark, between Bakerstead and them, And when their Goods are on the Sunside of Mite that they shall drive their Sheep to the Hight of Longhow."

HOLLINGHEAD
"Thomas Fisher's drift of the Nethermer Heath called Hollinghead" ... "he shall drive his Sheep of the same Nethermer Heath forth his own Bank Gate, and on the outside of his own Close, and the Southside of Moore Houses and away by the little Copped how beneath the M[blank] foot and in at Starbeck-green and over Atkinson's Foard and in at the overside of Atkinson's Gatefoot and cross Wayne gate and forth at the Saddle of the Whinnes to the Low home and at Greenhead without the Whinny, and those Four that drives their Sheep forth at Whinny edge as even Water deals on the Southside of the Penns and this said Way to be Thomas Fisher both from Home and for his return with his Sheep, and when he hath his Sheep on the Southside of Mite that he shall drive them on the Southside of Carrmire, and away to the Sining Tarne till he come to the Longhowhead, and when he finds his Sheep there, he then to go in at the Rough howend with them, and so over Mite to his Drift, and the said Thomas Fisher to put his Sheep on the Sunside of the Moorhowes: and such like to the Southside of the two Brenthowes: And for the Tenants of Hollinghow to drive his Sheep forth at Bangarth to the Westside of Moorehowes, and so to the two little Brenthowes, and Thos. Fisher's Goods and his to meet, and go quietly at the height of the Moorehowes."

SPOUTHOUSE
"the three Tenants of Spouthouse" ... "shall take their Sheep in their Bank or Bankedge on the Southside of Bleatarne upon their accustomed Way upon the height of Brownband and up over the How of Swinside and up at Eeleark and to the Hardrigge and if their Sheep be on the Northside of Bleatarne that they shall then take them and go to their Drift, both at coming Home and going there, at Will & Pleasure."

BORRADAILPLACE
"William Hartley's Drift"... "he shall drive his Sheep forth at the Northside of the Nab of Gillhead, and to the Brownband, and then the same Way that the Tenants of Spouthouse till they come to the Hardrigge." ... "None shall drive any Sheep up at Eelearke but only those four Tenants last named"- 6s 8d to Lord for each default- "and that the tenants of Bouth, with all other Men which had or hath Sheep in the said Hardrigge, but they shall avoyde and banish their Sheep or any others out of the said Hardrigge within two years next after the giving our award: And likewise the Tenants of Spouthouse and Hollinghead shall have no sheep in Cookrigge: But that they shall avoyde them into the said Hardrigge within the said Time and Space of two Years"... "And that neither the Tenants of Spouthouse shall drive no Sheep into Cookrigge: Neither the tenants of Bought nor any other manner of Person or Persons shall drive no Sheep in the said Hardrigge from this time forth"- 6s 8d to Lord "for every Drift driven contrary to this our meaning and Judgment, but ever to take away and never to put to but as our Award declareth."

[BOUGHT]
"And for Gilbert Hartley, John Nicholson [at Thorns in 1578] and Richd. Hartley's Drifts being Tenants in the Bought that they shall drive their Goods from their own Houses or forth of their own Banks up at Acrehowes and by the Broadthorne in Swinside, and over Ellerhowes over Lambford and forth at Whiterake, and to the Greenhow of and upon the Height of Cookrigge, and then to let their Sheep go as they like at any place without the Edge or Top of the said Cookrigge, where they think good and there to feed quietly and peaceably without any Stop, Let, Turn or Hinderance of any Manner of Person or Persons hounding or baiting"- 6s 8d per default to Lord- "and to leave them within their own Drift." ... "the Sheep of the said Tenants of the Bought shall lye quietly in their own Downfall from the Height of Cookrigge, to the Whiterakehead, to the Bowshow, and to the said Bowshow green and so from Bowshow green up along the River to the Lambfoard: And that no Manner of Person or Persons, Man Woman or Child shall beat or hound or drive the Goods of the tenants of the Bought within any Place of this Circuit and said Places"- penalty 6s 8d to Lord "and Trespass done contrary to our Award" ... "the Tenants of Bought or any other Person or Persons shall not turn, hound or beat any Man's Goods within their own Ground"- fine 6s 8d- "And if any other Person or Persons find any other Man's Goods out of his own Right, in his Right the Finder whosoever he or they be shall then turn peaceably forth of his own Ground without any Kind of hounding of them into their own Right:" ... "the Goods of the Bought shall lye quietly to the Wall beneath the Nab of the Gill without any turning"- fine 6s 8d per default- "for any Trouble cost or hinderance that do come amongst the Tenants within the Lordships of Eskdaile, Miterdaile and Wasdailehead, concerning all their Rights or touching one of them or any of their Customs for them, or any of them to be within any Part of the said Lordship or Forrest. All they to be at the like Cost, and every one to take another's Part in every Trouble or Hinderance amongst them or any of them. And if there be any Man within the said Lordship that will not be ordered by Reason, that then he shall abide the Order and Judgment of his own Neighbours, and so be stayed & pacified."

HOWES, GILBANKE, PADOCKWREY
"And for the Drifts of Edward Tyson, John Nicholson, Richard Tyson and Edward Nicholson and every one of these to drive their Sheep in their own Order to Cookrigge, and in his own Order every one of them till they come on the Westside of the Greathow, and to drive them forth to the Broadtongue as farr as the h[blank] upon their own Ground and then let them go."

HARMOTHOWS
"Thomas Dickonson" ... "shall drive his Sheep from his own House to the Fell over Caplecragge, and underside of the standing Stones and up through the Height of the Howes till he comes to the Hole of Winscarre to the Green of Winscarre how even through the Slack at nether Greathow Steele to the Cookriggemoss even forth on Hinstelfe towards the gray Stone."

HOLLINGS
"Richd. Tyson." ... "shall drive up over the Barrow and so to the Thornscarth by the lower Eile Tarnehow, and up the Stony gate and on the Northside under Haregreen, & over the lower foards at beckgreenes and even at Broadslack and this to be the next drift to the Harmothowes on the Westside."

CHRISTCLIFF
Tenants "William Wilson & Nicholas Tyson" ... "shall drive their Sheep from their own Houses to their Fell over the height of Coplecragge and up at Standing stones and upon the Band of Winscarr how and to the overmer Greathowsteel and even further towards the great Stone."

PEELPLACE
Tenants "Nicholas Hartley & Nicholas Nicholson" ... "from their own Houses up at Brownhows toppe, and up the side of Kirkhow, and up through the Whawbottom, and up the Height of Whinny Cragge and over the Cragg at Eller, and forth at Readmire end, and to the lower With how, and up over the overmer With how, and to the cloven gray Stone."

CLOSE AT CHURCH
"Robert Wilson's" ... "from the Church up along the Water of Esk to Cockley Moss foot, and up the hard ground to the Rise-bridgeyeat and up the Highway till they come at the Yeat at the Woodfoot, and in there, and through the Peel-place fould, and up at they Intack head and then the same Way that the Tenants of Peelplace goes to their Heath."

DAWSONPLACE
"Nicholas Wilson and Roger Tyson" ... "to the fell up through the Rough Cragg, and up at Horpinhow and up at Whinny Style and up at the Green Cragg at the Eller and to the Hill at Read Mire and on the Eastside, and to the Longrigge above the Thornehow, and to the White borrand under Seivie Sta [?letters omitted] and on so towards the Gray Stone."
 

The following is a summary of the last part of the original 1587 award containing cowpasture regulations and what were supposed to be final notes- unfortunately some omitted entries had to be added after the "end". All material not in quotation marks is summarised.

COWPASTURE AND CATTLE DRIFTS

TEATHES
"Wm. Vicars Senior & William Vicars Junior" ... "they shall drive up at resting Stone and up at Redbefoard and up by the Milking foard Fould and Guddum peat Skailes even over at Catterbeck foot and up over into Gilderbeck how and let them go."

[Next page of 1794 version contains nothing but "Robert Fisher the Xth Day of Octor. 1660"]

BIRDHOW
"Christopher Vicars" ... "up his own Intack forth at the Thorne Rake and up back of the Whitehow and even forth on his own Gate to Guddum Peatskales and over at Catbeck at Gillhead and to the Gilderbeckeskcove their Cowpasture."

WHAES
"Robert Vicars and Henry Vicars"... "forth at Bleabeckhead and at the southside of Bullhow, and on so to the Foot of Catscove, and the Rantree on the Westside of Bullhow, to be the Ground Mark between the Tenants of Dawsons place and the Tenants of Whaes."

DAWSON PLACE [missed here in 1794 and inserted at end of book]
..."up at Clattergap, and forth at the Evilrakehow & up under the Oak at Brownhow, & up at the Foot of Minigatehow & over the Skale in the Bleabeck Dubbs and so let them go."

PEELPLACE
..."forth the Broadrake and up over the Fowle Brigges, and to the high Stone and to turn them upon the Southside of the said Stone and up to the Broad Mosse on their own Ground and let them go."

HARMATHOWS & CHRISTLIFF
..."either above the Eilebank or beneath whether they or any of them like the better."

PADOCKWRAY, HOLLINGS & HOWES
"Richard Tyson's Cow Drift of Hollings, John Nicholson's of Howes, & Edward Nicholson's of Padockwray with their Cowpasture" ... "every one of them shall drive forth at the Stongs, and so to any Place to the stoney Gate."

GILLBANK
"Edward Tyson's" ... "forth at Scalehow at the overside of the little Gill, and so even to the Hollow of Swinside and let them go."

BOUGHT & BORRADAILPLACE
..."up their own Bank or Rake and up little Acrehows and so line streight to the Bottom of Swinside and let them go at any Place downward of the White Moss and so to the Groves beneath the Footway or Path to Miterdaile from Church and Mill."

SPOUTHOUSE
"Robert Jackson & Henry Nicholson"... "up into their own Banks and to the Mark between Hollinghead & them."

HOLLINGHEAD
"Thos. Fisher" ... "up his own Bank, and forth at the Scaleyeate and up along his own Wall and so to the long Cragge. And the Cows of Hollinghow meet together then the Finder to turn reasonably forth of his own Ground without any hounding or beating"- fine 6/8 -"for them and all others. And when he taketh his Goods off the Moore he shall take them into his own Cowpasture. And every Man at the latter end of the Year shall not turn or put his Goods into any other Man's Cowpasture"- fine 6/8 per default- "but to fetch them away so soon as they know thereof."

HOLLINGHOW
"Henry Nicholson" ... "up his own Bank and up Bangarth, and forth at Sleapestone, and let them go."

YEATHOUSE & RANDLEHOW
[or "Randelhow"] ..."from their Howes up at the Head of Rakerigge, and no Man shall cut any Kind of Wood within another Cowpasture" fine 6/8 to Lord.

LOWHOLME & LANGREGREEN
..."up along Mite to the Lowplace Cowpasture"

LOWPLACE
..."next to these Tenants of Miterdailhead, whom it lyeth next and joyneth to at the overside and from little White Scarrehow in the great Hill beneath the How that hath the Wood in it and down line streight to the River of Mite and up the Brow to the Edge of the Hill above the Gate beneath Starbeck, and to put his Goods forth Winter an the high Starbeck green, and further that no Man shall drive any Sheep into the said Cowpasture, to leave them there, but if they come there, he to turn them reasonably forth" etc., fine 6/8 per default.

BAKERSTEAD [after Miterdale head in 1840 copy, but probably a mistake]
..."up above the Newgarth head and to the Rough-how-head, and let them go, and we judge the little How at the Rough how end, and the standing Stones at the Newgarthend, and the Holling at the Newgarthend aforesaid to be the Groundmark at the nether end for the Cowpasture of the five Tenants of Miterdailehead, and the Roundhow upon Longrigg to be the Groundmark at the over end."

THREE TENANTS OF MITERDAILHEAD
..."forth their own Rake to the Ellerhow and let them go." [see also next entry]

NICHOLAS NICHOLSON
..."up the Brest at the underside of the Close so to the Edge, and let them go; and we award for the Calf drift of the Tenants of Miterdailhead that they shall drive them to Emme Garth & let them go as they like"

PEATMOSS
"William Nicholson of Lowplace shall grave Peats in Care Moss, and Henry Nicholson of Hollinghow shall grave Peats in the Corner of the Moss next to the Stepstone where John Fisher hath graven, and to one gray Stone even over to one Hill appointed for a Mark."

DECLARATION
..."no Manner of Person or Persons shall drive out at any other Man's Outrake or Drift, or drive his Goods into his Neighbour's Heath or Pasture"- fine 6/8 to Lord- "and if any other Man's Goods go into any of their Neighbours Drift or Heath" ... "they shall not be hounded or beaten out, but the finder to put them forth reasonably of himself into their own Right"- fine 6/8- "And whereas also we the said 24 sworn Men have gone through the Lordship and have viewed and 5een every Man's improvement, and have considered upon the same, and who was behind, and had the smallest Share, we have set out to some more some less according to the Virtue of our Oaths, but not to the full Value as we thought it need. And we that have so warily & carefully done, trust that our Lord & Master and his Officers will satisfy and alow the same, whereby it may be inclosed and reasonably Rented, According to the Custom of the Lordship there."

BECKFOOT
"Cowdrift and Pasture"... "to go Horn to Horn with the Cows of Spout House peaceably there without any turning or beating of any Manner of People"- fine 6/8 per default.

HOLLGILL RIDDING
"George Porter Gentleman hath in Holgill Ridding for 18d rent. According as it was found by the Order of a former Jury, and we find that the sheep which goeth in the said Hollgill Reading upon that Rent aforesaid, that they shall go and fed to the lying Cragghead, and between the Gills to the standing Stones, and there the said Sheep of Hollgill Ridding, and the Sheep of Lowplace meet: and we find all the Ground between lying Cragghead and standing Stones between the Gills to the Southside of the Pinnes where the four Tenants meet, and comes to, as is afore specified belonging to the Lowplace, and if the Sheep of Hollgill Ridding come forth, or the Sheep of Lowplace go into the Farmed Ground whethersoever Party it be shall turn them in to their own Right reasonably" fine 6/8
"And to conclude we Judge that all the Tenants above named within the Lordship shall put their Goods into the Hollow of the Moore, at their Will and Pleasure at all Times limitted, and according to the Order aforesaid: and that no Man to turn them from the said Moore"- fine 6/8.

[Dawson Place cow-drift here in 1794 version]

"18th Day of March 20 Eliz. Anno Domini 1587"

"Thos. Tyson, Borradailplace Decr. 1794"

 

The following is a summary of a section in the original 1587 award containing miscellaneous regulations and judgements relating to particular controversies. All material not in quotation marks is summarised.

OVERLEAPE TO LONGRIGGE
... "for overleaping to Longrigge in Time of sucking for the Space of one Week for the Tenants of Dawsonplace & Peelplace that they shall go through Boshow and over at Lambford to Longrigge aforesaid.
And for Harmethowes and Christliff we find that they shall go the same till they come to Bowshowford, and over there to the said Longrigge for the said Time."

CONTROVERSY
"And for the controversy which was between the Tenants of Christliff and the Tenants of Peelplace, we find for the Groundmark between them that the Tarnehead as the Beck goes to the Thorne at uppermer Tarne Bandhow."

CONTROVERSY ABOVE BLEABECK
"And for the Controversy and Debate amongst the Tenants above Bleabeck; the Tenants of Teathes upon the one Party; and the Tenants of Whaes upon the other Party- We judge & award that the Tenants of the Whaes Henry Vicars and Robert Vicars, they their Heirs and Assignees shall have either of them threescore sheep lying and feeding up at Dovecragg to the Fold at Threaptongue foot, and there to be at Liberty, and there to feed and lye quietly above the Eskcow [sic] foot with the Goods of the three Tenants of Tathes , Horn to Horn peacably, and all those Hundreth Sheep to have a special bye Mark or Smitt whereby they may be known from other of their Sheep, but those Hundreth lying and feeding above the said Eskhowfoot, and those to lye quietly there without any turning or houndng"- fine 6s 8d to Lord for each default- "for all other Goods of both the Parties going and feeding upon the said Eskhowfoot, to go at Liberty, and together without any Kind of Stop-tasking & barring of any Manner of Person or Persons of either Party aforesaid, or by any Means Procurment or Taskment, And when the Goods of all these Tenants above Bleabeck which doth lye above the said Eskhowfoot shall come down in Winter, that they may lye peaceable to their Intack's head in their Downfall, and that never one of all these Tenants above Bleabeck shall hound or beat any of their Neighbour's Goods lying within any Part of the Premises above named"- fine 6/8 to Lord per default- "And that every one of these Tenants shall drive their Goods in their own Order and of right it ought to be and has been accustomed."

AGAINST TAKING OF CATTLE OR HORSES IN SUMMER
..."all these Tenants of Bleabeck shall put up all their Goods at Beltne [sic] Time , we mean their Geld Goods to above Eskhowfoot; And we Judge that no Tenant or Tenants shall take any Cattle to Grassding within the said Lordship"- fine 6/8 per beast taken- "but such like as they Winter, at the Discretion of two Honest Men within the Lordship thought indifferent for the same.
And we find that all the Common of Pasture within the Precincts of the Lordship is free for the Lord's Game: And for all the Goods of the Tenants of Eskdaile, Miterdaile and Wasdailehead, According to the Order & Manner as we have above set it down"...

CONTROVERSY OF SPOUTHOUSE
"And for the Controversy between the three of Spouthouse for their small Goods of the overmer Heath: We find that Thos. Fisher's Drift shall go forth at Hardstone yeat and then all their Goods of the uppermer Heath to go all together in the Bank and Bankedge: And for the Ground Mark between Thomas Fisher of the one party, and Robert Jackson and Henry Nicholson of the other Party, between the small Goods of the uppermer Heath, and the small Goods of the lower Heath, that we have set and appointed the Wall-corner or Nook to be the Groundmark at the Nether end beneath the standing Stones which is a Mark there and up upon the Height of the How on the Northside of the Bleatarne where the Peates are graven to the said Tarne and up Lines streight to the black How at the said Bleatarne head: And for Thos. Fisher's Goods of the Spouthouse that they shall feed and go to the little Scarr at Bleatarnefoot, at the Northside Corner, and line streight to the two black Stones downward and on so to the Nook or Corner of the Wall that there was pulled down: And thus these Things specified to be the Ground Mark for Thos. Fisher's Goods to come to both: For his great Goods of Spouthouse and Hollinghead, and either Party to turn others Goods into their own Right again reasonably"- fine 6/8- "and when they find their Goods on the Northside of the Bleatarne, that they shall take them and go their Way accustomed, both at coming Home and going to the Hardrigge."

BECKFOOT WOOD
"And for the Challenge that Thomas Fisher made for Wood in the Lindslack we Judge that he shall get six Loads of Cropping wood or underwood yearly before Christmas in the share that belongeth to the Spouthouse as we have set it out, and that no Manner of Person or Persons shall come to Lop or Crop any Kind of Wood within the Share that belongeth to the Beckfoot, as we have above set it out for the Beckfoot"- fine 6/8 per default.

The following is a transcript of the revised regulations made in 1659, which begin the extant "Eskdale 24 Book", the proper title of which is:

"A Copy respectg. the Commons &c. belong'g to the Lshp. of Eskdaile Miterdaile & Wasdailehead"

"Know all men by these Presents,
That we whose names are under written the four and twenty sworn Jurors for the Manor of Eskdaile and Wasdailhead being appointed to consider the End and Order of a former Jury of four & twenty Men of the said Manor, and to alter so much thereof as appears to us to be for the general Disprofit of the Tenants of the said Manor: And to make new Ordinances and By Laws for the beter Ordering and Profit making of all the Common belonging to the said Manor: In pursuance of the trust reposed in us and with the Consent and great Desire of the major Part or greater Number of the Tennants aforesaid we judge it expedient and so do order and ordain

First that, no Tenant nor Occupier of any Lands or Tenemts. within the said Manor Shall at any Time hereafter take any Cattle or Horses out of any other Manor or Place whatsoever, to put to Grass into any of the Commons belonging to the said Manor of Eskdaile upon paying 6s 8d to the Lord's use for every Beast so taken, and the said Cattle or Horses to be impounded by the sworn Pinders until the Owners pay for them, or else take them by Replevy.

Secondly, That no Tenant or Occupier within the said Manor shall put any Cattle or Horses upon the Common Moore in the Summer time but only those Goods he can keep all the whole Winter upon his proper Tenement within the said Manor, upon paying 6s 8d for every default.

Thirdly, That no Tenant or Occupier within the said Manor who shall find his Sheep within any the Common or Cowpasture formerly assigned to any Tenant, shall leave them there, but shall drive them into his own Common or Cowpasture on payg. 6s 8d every Default: And that no Tenant within the said Manor shall by himself or Servant drive his Sheep into any Tenants Sheep Heafe or Cowpasture and leave them there upon the payg. of 6s 8d every Default.

Fourthly, we Order and Ordain that it shall be Lawful for all or any of the Tenants or Occupiers below Bleabeck to have their Goods on the Common Moore untill the first Day of November Yearly: But if any Tenant that continueth his Goods on the Common Moore untill the first Day of November, do find his Cattle or Horses in any Tenant's Sheep Heafe or Cowpasture and leave them there shall forfeit 6s 8d for every Default: And if any Tenant's Cattle or Horses that is continued on the Common Moore as aforesaid, shall go of the Common Moore into any Tenant's Sheep Heafe or Cowpasture, the Owner of the said Cattle or Horses shall (upon Notice from him into whose Sheep Heafe or Cowpasture they fall into) take them away from of the Moore upon payg. 6s 8d every Default to the Lord's use.

Fifthly, That the Tenants of Wasdailehead shall take their Beasts, Cattle and Horses from the Moore fourteen days after Michaelmas, upon paying of 6s 8d every Default to the Lord's use."

Jury Names:
William Sharpe
Thomas Pearson
Nicholas Hartley
John Vicars
William Moore
John Wilkinson
John Tyson
Thomas Tyson
Robert Fletcher
Robert Hunter
Thomas Wilson
John Braythwaite
Robert Vicars
Nicholas Tyson
John Wasdale
John Stainton
John Vicars of Taythes
John Hartley
William Nicholson
Nicholas Stephenson snr
Nicholas Stephenson
John Dickinson
Nicholas Dickinson
Richard Tyson

[signed] James Peirson 7 Oct '59