The Case concerning the Militia and Trainband within the severall Townships of Dalton,...

The Case concerning the Militia and Trainband within the severall Townships of Dalton, Ulverston, Aldingham, Leece, Urswick, Kirkby-Ireleth and Penington all in Furness in the County of Lancaster.

The Lands within the said severall Townships as well as in other parts within the said County have heretofore accordeing to severall acts of parliament been charged with the setting forth and maintenance of foot souldiers and horsemen after the Rates following, vizt. for every £50 per Annum A foot souldier & for every £500 per annum a Horse & man.

That about the years one John Dodgson of Thornthwaite being then Chief Constable in that part of the said County & haveing one George Postlethwaite for his Clerks who did manage and carry on his concerns in that office & lived in Dalton (being the chiefe Township in Furness) the said Postlethwaite did as he thought fit (not accordeing to A Just valuacion of the lands within the said severall Townshipps) case the said Townshipp of Dalton of some foot souldiers which they ought to stand charged with and did charge the said severall Townshipp of Leece, Aldingham, Urswick, Kirkby Ireleth & Ulverston with a greater number of foot souldiers then their Lands and Tenements ought to beare or stand charged with, accordeing to a Just & impartiall surveigh thereof.

18 June 1674

At a Meeting of the Deputy Lieuetenant for the said County upon the Complaints of the inhabitants within the said severall Towneshipps & upon Examination of diverse of them upon oath, it did appeare that the foot souldiers were divided very inequally amongst the said Townships, many of them beeing much overcharged in respect of others & they the said Deputy Lieuetenants did then Judge the Rule of the Medium (vist betwixt the Oxley & Souldiers Ley) to be the Equallest way of chargeing the trainband foot upon the Township within Furnesse aforesaid, accordeing to the way of laying the said Souldiers amongst the severall hundreds in this County, and in pursuance of an Order of the Lord Lieutenant and Deputy Lieuetenant of this County at their generall meeting at Preston in December 1662. It was therefore then ordered that the severall Towneships within Furnesse aforesaid (haveing duely considered the severall estates charged to the Horse in the said division) should be charged respectively with foot souldiers as followeth, vist.

Dalton with Hawkshead & Coulton - thirty foure men Leece-six men-Ulverston cum Broughton & Membris - twenty two men Urswick-eight men Aldingham - six men Pennington-three men

Kirkby Ireleth seaven men-.

And they did further order that the severall & respective Constables within the Towneships aforesaid should take care to provide & furnish (against the next Muster traineing & exercise of the foot souldiers within the said Towneships respectively) such number of able and sufficient foot souldiers as is above-said respectively charged with sufficient foot armes, wages, amuntion and other incident charges upon paine of being fyned for every default accordeing to the act of Parliament in that behalf made and provided, & it was then also ordered that the foot souldiers then already Listed within the said Towneships should continue untill others should be Listed accordeing to this order, And lastly it was thereby ordered that the Chiefs Constable of Furness aforesaid should issue forth Coppyes of the said order to the severall Constables of the Townshipps aforesaid requireing their obedience thereto, & that the Chief Constable should returne this order with an account of his Execucion thereof unto two of the next Deputy Lieuetenants of the said County within one Months time after the receipt of the said Order. Which said order is subscribed by, & is under the seales of Roger Bradshaigh, Richd: Kirkby, Dan: Fleming, Alex: Rigby & Myles Dodding all Deputy Lts and is directed by them to Mr Thomas Borwick chief Constable for Furness & Cartmell, & was performed by him & returned into the hands of the said Mr Dodding the 23 July 1674 .... per order itself appeareth.

August 1674

That in pursuance of the order abovemencioned 34 foot souldiers were entered & Listed for the Towneship of Dalton. The said Towneship of Dalton findeing themselves agrieved did prevails with six persons of their own accord (vzt. Robert Gibson, William Muncaster, Edmond Fox, Thomas Hudson, Anthony Marshall, Robert Atkinson, Chris. Birkett & Jo: Roskell) to surveigh their Lands, & to Compute the value thereof as they & the Inhabitants within that Towneship thought fit, And say the whole yearely value amounts to £1754 : 19s : 00d: Out of which there is charged for seaventeen foot souldiers - £850. Which said sum of £850 The rest of the said Towneships say and will prove to be much under vallued, & is far lesse then they ought to be charged with & the Lands and Tenements in the Townshipp of Dalton are really worth £4000 & upwards & ought to stand Charged with foot souldiers for the same

18 March 1674

The Lord Lieutenant writes this letter vit, Gentlemen I have this morneing recd a peticion from the Towne of Dalton in Furness very grievously complaineing of that towns being very much burthened in the assessing of foot souldiers upon them for the easeing of some of their neighbour Townes, I am at soe great a distance & so great a stranger to any particular concern of the County that I am not in a Capacity to understand the matter so well as to direct in the Case, on whichsoever side the right goeth without fuller informacion of some of my Deputy Lieuetenants who abydes in the County, I have therefore herein transmitted to you the peticion it self, which was brought to me with the Coppyes of two orders, which I recd at the same time desireing you earnestly to appoint a meeting, & to take the whole affaire into your serious consideracion & doe right in the business that there may be no Just ground of Complaint on either syde, my great delight is that all may beare an equall share in any charge that is Imposed upon your County for Equallity makes everything to be borne with chearefulness, & I doubt not but Equallity which is the surest way to avoid all Complaints is likewise the desire of all my Deputy Lieuetenants the sooner I heare from you in this business the better, I rest Gentlemen Your very Loveing Friend J: Bridgwater

This Letter was directed to Sir Robert Bindles Barrt. Rich: Legh, Thomas Preston, Edward Fleetwood, Lawrence Rastorne, Willm Bancks & Tho: Greenhalgh seaven of the Deputy Lieuetenants for the County of Lancashire or for any five or more of them.

At a generall meeting of the Deputy Lts. at Preston by an order then made It is recyted, that whereas the towneship of Dalton was by an order Dated the 18 June 1674 Charged with 34 foot souldiers, and since upon complaint of the sd Towneship that they were not of ability to support so great a charge It was by an other order referred to this generall meeting, Whereupon and upon heareing of the Complainants the said Deputy Lts. did conceive it best to be better Informed of the value of the sd Towneship & did therefore order that Tho: Borwick, William Fell, John Wilkinson, Cuthbert Hesketh & Edmond Threlfall should at the charge of the said Towneship surveigh all the Lands & Tenements within the said Towneships, and make a true & just particular of the Reall value of the respective Estates of the severall inhabitants within the sd Township & that they deliver the said particular to some of the Deputy Lts. in that Division to the end that at the next meeting they may give such relief, according as they finde, cause, & in the means time the charge already Imposed to continue.

That after the makeing of the sd Ltr Last mencioned the Inhabitants within the said Township of Dalton never apply themselves to the sd surveighers so appointed, But

May 1675

At a generall meeting then at Manchester both sydes attending the Deputy Lts. vizt. Rich: Legh, Tho: Greenhalgh, Law: Rasterne & William Bancks thought to remand the business back to the former Deputy Leeuetenants.

1680

John Robinson being Chief Constable for Furness & Cartmell, and the Inhabitants within the Township of Dalton refuseing to finde 34: foot souldiers according to the orders herein before mencioned the said Deputy Lieuetenants who made the said order, Did grant a Warrant to the sd John Robinson, That whereas the Constables of Dalton had then given Informacion upon Oath that they [only] summoned the persons being souldiers in a schedule to the sd Warrant annexed to appeare at the next Regimentall R........ at Lancaster. Neverthelesse they haveing Wilfully refused to obey the said summons, These are therefore in the Kings Majestys name Strictly to charge & command you forthwith to demand & in case of neglect or refusall of payment to Levy the sume mencioned in the sd Schedule being fynes Imposed by us for their wilfull refusall as aforesd upon the goods & Chattells of the sd severall & respective persons, rendering the over plus after deduction made, & that you make undelayed payment thereof unto Mr Ralph Egerton Treasurer of the Militia for the sd County to be Employed accordeing to Law, and you are also to give an Account of your proceedings herein unto us or some of us, whereof [fa]ile not at your perills, which warrant was Signed & sealed by

Upon which warrant the sd John Robinson (then Chief Constable) did distraine & took the goods of being all inhabitants within the sd Township of Dalton and were Listed as Souldiers within the Trainbands, but the persons after such distress was made did Replevy their goods, & doe now intend to have a Tryall this assizes upon the sd Distress against the sd John Robinson.