10 



obtained ; but in the case of the tenants of Ambleside and Trout- 

 beck it was not so. When the Scots invaded the borders, they 

 made hurried raids on horseback, and to horsemen there were only 

 two passes reasonably accessible by means of which they could 

 invade the fertile lands of lower Westmorland; one of these was 

 by way of Dunmail Raise, and the other by Kirkstone Pass. The 

 former, however, had to be approached by means of narrow valleys, 

 where much opposition would have to be met with from the 

 inhabitants, and it did not afford nearly so tempting a means of 

 approach as Kirkstone Pass, the way to which was over level 

 country until Ullswater was reached, and then that valley, which 

 was sparsely inhabited, afforded admirable means for a retreat. 

 The result was that the duty of defending Kirkstone was by far 

 the most serious one, and this naturally devolved upon the tenants 

 of Ambleside and Troutbeck. Their services were consequently 

 arduous, and a tenant was not willing to pay a large fine on 

 succeeding to his father's property, as the succession in itself 

 entailed so much danger and hard work as to be a doubtful 

 benefit; this being so, the lord of the manor was only too glad to 

 admit the tenants on payment of the smallest possible fine, which 

 was one year's rent. 



Writers upon the subject of tenures of land often class customary- 

 hold as copyhold, upon the ground that the lord of the manor is 

 entitled to the mines and minerals ; but this arises from a 

 mistake. The ownership of mines and minerals was vested 

 in the Crown in all crown manors; and when King James 

 made his bargain with the tenants, he took good care not to part 

 with more than he could help : and so the minerals to this day 

 remain in the lord of the manor. Charles II. granted the West- 

 morland crown lands to his wife as a jointure, and after her death 

 these crown manors were granted to the Lowther family, in which 

 family they still continue. 



It will be evident therefore, from what I have said before, that 

 the customary estates of Westmorland were from their very origin 

 freehold. The peculiarities of the service required in respect of 

 them gave rise to the customs which still exist, and these customs 



